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Full text of "North Carolina Register v.4 no. 9 (8/1/1989)"

'Dt^o^^o^ r-kj/'^'-'-^' 



The 



RECEIVED 



AUG 3 1989 



iAW LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 



CONa 



EXECUTIVE ORDER 

PROPOSED RULES 

Education 

General Contractors 

Insurance 

Justice 

NRCD 

FINAL RULES 

List of Rules Codified 

ISSUE DATE: AUGUST 1, 1989 



Volume 4 • Issue 9 • Pages 478-521 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislati\e and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrati\'e rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
will typically comprise approximately fifty pages per 
issue of legal text. 

State law requires that a copy of each issue be pro- 
\ided free of charge to each county in the state and to 
various state officials and institutions. The North Carohna 
Register is a\ailable by yearly subscription at a cost of 
one hundred and fi\e dollars (S105.00) for 24 issues. 

Requests for subscriptions to the NortJi Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 1 1666, Raleigh, N. 
C. 27604, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how- 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effecti\e date. 

The Director of the Office of Administrati\e Hearings 
has authority to publish a summary', rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Di\ision of the Office of 
.administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the Nortli Carolina Registerheiore the agenc\' 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for appro\'al by 
the Administratixe Rules Re\'iew Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted \ersion will again be published in the 
Nortli Carolina Register. 

A rule, or amended rule cannot become effecti\e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrati\e Hearings for publication in the NCAC. 

Proposed action on rules ma>' be \\ithdrawn b\' the 
promulgating agency at any time before final action is 
taken b\' the agenc\'. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporary rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 days, 
whiche\er is less. An agency adopting a temporary rule 
must begin normal rule-making procedures on the per- 
manent rule at the same time the temporary rule is 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is 
a compilation and index of the administrative rules of 
25 state agencies and 38 occupational licensing boards. 
The NCAC comprises approximately 15,000 letter size, 
single spaced pages of material of which approximate- 
Iv 35 ''o is changed annualh'. Compilation and publica- 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Each 
state agency is assigned a separate title which is fur- 
ther broken down by chapters. Title 21 is designated 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimum 
cost of two dollars and 50 cents ($2.50) for 10 
pages or less, plus fifteen cents ($0.15) per each 
additional page. 

(2) The full publication consists of 52 volumes, 
totaling in excess of 15,000 pages. It is sup- 
plemented monthly with replacement pages. A 
one year subscription to the full publication in- 
cluding supplements can be purchased for 
seven hundred and fifty dollars ($750.00). In- 
di\idual volumes ma>' also be purchased with 
supplement serxice. Renewal subscriptions for 
supplements to the initial publication axailable. 

Requests for pages of rules or volumes of the NCAC 
should be directed to the Office of Administrative 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pro- 
cedures to be followed. For specific statutory language, 
it is suggested that Articles 2 and 5 of Chapter 150B of 
the General Statutes be examined carefulK'. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The Nortli Carolina Register is cited by \'olume, issue 
page number and date. 1:1 NCR 101-201, April 1, 1986 
refers to Volume 1, Issue 1, pages 101 through 201 of 
the North Carolina Register issued on April 1, 1986. 



North Carolina Register. Published bi-monthly by 
the Office of Administrative Hearings, P.O. Drawer 
11666, Raleigh, North Carolina 27604, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and fi\e dollars ($105.00) per year. 
North Carolina Administrative Code. Published 
in looseleaf notebooks with supplement ser\'ice by 
the Office of Administrative Hearings, P.O. 
Drawer 11 666, Raleigh, North Carolina 27604, pur- 
suant to Chapter 150B of the General Satutes. 
Subscriptions se\en hundred and fifty dollars 
($750.00). Indi\idual volumes available. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




OJfice of Administrative Hearings 

P. O. Drawer 11666 

Raleigh, ^C 27604 

(919) 733 - 2678 



James R. ScarccUa Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



I. EXECUTIVE ORDER 

Executive Order 93 478 

II. PROPOSED RULES 
Education 

Elementary and Secondary 511 

Insurance 

Fire and Casualty Division 479 

Justice 

Sheriff's Education 

and Training Standards 491 

Licensing Board 

General Contractors 512 

NRCD 

Coastal Management 508 

III. FINAL RULES 

List of Rules Codified 515 

IV. CUMULATrVE r\DEX 520 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



NORIH CAROLINA RKGISTKR 

Piihlication Deadlines and Schedules 

i.lanuaty I'm - May 1990) 



Issue 


Last Day 


Last Day 


Harliest 


♦ 


Date 


for 


for 


Date for 


Earliest 




Filing 


I'lcctronic 


Public 


FfTective 






1 iling 


Hearing & 
Adoption by 
Agency 


Date 


++++++*♦ 


**++***+ 


++****+* 


++++++++ 


*******i 


01 02 89 


12 OS 88 


12 15 88 


02 01 89 


05,01/89 


01 16 89 


12 27 88 


01 03 89 


02 15 89 


05 01,89 


02 01 89 


01 10 89 


01,17 89 


03 03 89 


06'01,89 


02; 15 89 


01 26 89 


02 02 89 


03 17 89 


06/01/89 


03 01 89 


02 08 89 


02 15 89 


03,31,89 


07 01/89 


03 15 89 


02 21 89 


03 02 89 


04' 14 89 


07/01/89 


04 03 89 


03 10 89 


03 17 89 


05 03 89 


08 01/89 


04 14 89 


03 23 89 


03 31 89 


05 14 89 


08 01/89 


05 01 89 


04 10 89 


04 17 89 


05,31 89 


09 01/89 


05 15 89 


04 24 89 


05 01 89 


06,14 89 


09 01/89 


06 01 89 


05 10 89 


05 17 89 


07,01,89 


10 01/89 


06 15 89 


05 24 89 


06 01 89 


07 15 89 


10 0189 


07 03 89 


06 12 89 


06 19 89 


08 01 89 


11 01 89 


07 14 89 


06 22 89 


06 29 89 


08 13 89 


11/01/89 


08,01 89 


07 11 89 


07 18 89 


08 31 89 


12 01/89 


08 15 89 


07 25 89 


08 0189 


09 14 89 


12 01/89 


09 01 89 


08 1 1 89 


OS 18 89 


10 01 89 


0101/90 


09,15 89 


OS 24 89 


08 31 89 


10 15 89 


0101 90 


10 02 89 


09 1 1 89 


09 18 89 


11 01 89 


02,01/90 


10 16 89 


09 25 89 


10 02 89 


11 15 89 


02 01/90 


11 01 89 


10 11 S9 


10 18 89 


12 01 89 


03,01/90 


11 15 89 


10 24 S9 


10 31 89 


12 15 89 


03 01/90 


12 01 89 


11 07 SQ 


11 1 5 89 


12 31 89 


04 01,90 


12 15 89 


11 22 S9 


12 01 89 


01 14 90 


04 01, 90 


01 02 90 


12 07 89 


12 14 89 


02 01 90 


05,01/90 


01 16 90 


12 20 89 


12 29 89 


02 15 90 


05 01/90 


02 01 90 


01 10 90 


01 18 90 


03 03 90 


06 01/90 


02 15 90 


01 25 90 


02 01 90 


03. 17, 90 


0601/90 


03 01 90 


02 08 90 


02 15 90 


03 31 90 


07 01, '90 


03 15 90 


02 22 90 


03 01 90 


04 14 90 


07 01,90 


04 02 90 


03 12 90 


03 19 90 


05 02 90 


08 01/90 


04 16 90 


03 23 90 


03 30 90 


05 16 90 


08 01/90 


05 01 90 


04 09 90 


04 17 90 


05 31 90 


09 01/90 


05 15 90 


04 24 90 


05 01 90 


06 14 90 


09 01 90 



* The "Earliest Effective Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Dale" , that the agency files the nde \yilh The Admini<:lrali\-e Rules Review 
Commission by ihc 20lh of the same calendar month and that ARRC approves 
the rule al the next calendar month meeting. 



EXECUTIVE ORDER 



K\K( i; I IVK OKDKK MJMBKR 93 

KKISSLANC I. Ol KXKCl I IVK OROKKS 8, 12, 36, 

39, 43, 45, 47, 49, AM) KF.ISSIJANCI-: AND 

AMKNDMKMS Ol KXKCU IIVE ORDERS 13 

AND 29 

SFCTION I: RF ISSUANCE 

lixccutivc Order Number 8, as extended by Ex- 
ecutive Order Number 51, established the Gov- 
ernor's Advisory Committee on Travel and 
'rourism. It is hereby reissued without amend- 
ment and shall expire pursuant to N.C.G.S. 
147-16.2. 

Exccuti\c Order Number 12, signed on June 28, 
1985, and extended by I'xecutivc Order Number 
51, created the (iovcmor's Highway Safety 
Commission. It is hereby reissued without 
amendment and shall expire pursuant to 
N.C.G.S. 147-16.2. 

Executive Order Number 36, signed on March 
6, 1987, established the Cjovemor's Task I'orce 
on the larm Economy. It is hereby reissued 
without amendment and shall expire pursuant to 
N.C.G.S. 147-16.2. 

Executive Order Number 39, signed on March 
16, 1987, established the Board ot^'Irustccs of the 
State Employees Deferred Compensation lund. 
It is hereby reissued without amendment and 
shall expire pursuant to N.C.G.S. 147-16.2. 

Executive Order Number 43, signed on April 7, 
1987, established the North Carolina Emergency 
Response Commission. It is hereby reissued 
without amendment and shall expire pursuant to 
N.C.G.S. 147-16.2. 

E.xccutivc Order Number 45, signed on April 
22, 1987, established the Go\cmor's Eanguage 
Institute Advisor) Board. It is hereby reissued 
without amendment and shall expire pursuant to 
N.C.G.S. 147-16.2. 

Executive Order Number 47, signed on April 
28, 1987, amended and re-established the North 
Carolina Fund I 'or Children and Families Com- 
mission. It is hereby reissued without amend- 
ment and shall expire pursuant to N.C.Cj.S. 
147-16.2, unless superceded by I egislation. 

Exccuti\e Order Number 49, signed on May 20, 
1987, created the Cjovemor's Advisory' Commis- 
sion on Military Alfairs. It is hereby reissued 
without amendment and shall expire pursuant to 
N.C.Ci.S. 147-16.2. 



si;c HON II: 



REISSUANCE AND 
AMENDMENT 



Executive Order Number 13, signed on .lune 28, 
1985, and extended and amended by E.xecutivc 
Order Number 51, created the North Carolina 
Health Coordinating Council. It is hereby reis- 
sued and Section 3 of that order is amended to 
read as follows; 

SECTION III: MEMBERSHIP 

Ihc North Carolina Health Coordinating 
Council shall consist of not more than 24 mem- 
bers who shall be appointed by the Governor. 
Ihe Council membersliip shall include the fol- 
lowing representatives: 

Academic Medical Centers 1 

Area Health Education 1 

Centers 

Business and Industry 2 

(at least one individual 

representing small business 

and one representing large 

business) 
Health Insurance Industry 1 

NC Association of County 1 

Commissioners 
NC Health Care Facilities 1 

Association 
NC Hospital Association 1 

NC Association for Home Care 1 

NC Medical Society 1 

NC House of Representatives 1 

NC Senate I 

Other Health Professional 3 

Associations (e.g., Nursing, 

Public Health, Dentistry, 

Pharmacy, Chiropractic, etc.) 
Regional Representation 6-8 

(Fo provide adequate representation 

to all regions of the State. Emphasis 

should be on consumers of health care 

who are involved in health planning 

efforts at the regional level.) 
Veterans Administration 1 

Executive Order Number 29, signed by the 
Governor on October 2, 1986, is hereby reissued 
and amended by deleting from Section 3 of that 
Order the words, "the Task Force shall meet at 
least once a month, or as frequently as desired 
by the Fask Force members" and by inserting 
therein the words, "the Task I-orce shall meet at 
the call of the Chairman." 

Done in Raleigh this 20th day of June, 1989. 



NORTH CAROLINA REGISTER 



478 



PROPOSED RULES 



TITLE 11 DKPARIMKNT OF 
INSLRANCK 



No 



otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the N.C. Department of Insurance 
intends to amend nde(s) cited as 1 1 NCAC JO 
.1102, .1106; and adopt nde(s) cited as II SC.AC 

10 .1105, .1107 - .1109. 

1 he proposed effective date of this action is De- 
cember I, I9S9. 

1 he public hearing will be conducted at 10:00 
a.m. on September 14, I9S9 at Third Floor 
Hearing Room, Dobbs Building, 430 N. Salisbury 
Street^ Raleigh. N.C. 2761 1. 

(comment Procedures: Written comments may 
be sent to Pete Murdza, P.O. Box 26387, Raleigh. 
N.C. 2761 1. Oral presentations may be made at 
the public hearing. .Anyone having questions 
should call Pete Murdza at (919) 733-3284, or 
Linda Stott at (919) 733-4700. 

CHAPTER 10 - FIRE AND CASUALTY 
DIMSION 

SECTION .1 100 - RME EM.INGS 

.1102 APPLICABILITY 

I'he foUowings items indicate which ' / l oction 
Subparaaraph of this Regulation is applicable to 
a particular filing. Note that rate filings must be 
submitted separately and under independent 
cover from forms and rules filings. 

(1) Rule .1103 applies to all workers' com- 
pensation insurance rate filings made by the 
North Carolina Rate Bureau. 

(2) Rule .1104 applies to all nonflcct private 
passenger automobile insurance rate filings 
made by the North Carolina Rate Bureau 
or the North Carolina Reinsurance Facihty. 

(3) R+tfe' rUm Rule .1105 applies to aU »f»f4i- 
cationc i fof do' i iiitic'n 'i frcim (+h* ratoo ef rate 
filings made bv the North Carolina Rate 
Bureau other than those in\olving workers' 
compensation and nonllect pn\ate passenizer 
automobile insurance. 

(4) ^.u+lt^ _144« Rule .1106 applies to all apph- 
cations lor desiations from the rates cM the 
North Carolina Rate Bureau. rutL". . tiling ' . . 
(including tlHV . t ' iii' . oKing dosiationi p from 
t+k* rat or . t4 licL ' n '. L'd rating organii'ations 
olhor than t4*«» North Carolina Rat e BuiL ' au) 
othor than iho '. o inscl' i ing: 

f*) 1 in e;. f4 in >' Uranc << und <^ r th<» juri j^ diction 
Bf A<? North Carolina Ratt * Bur e au; 



fb) Nonfloot private pa '.i. t ' ngi ' r automobilo m- 
j' Urancij ralL" . fof t+M* North Carolina R«- 
in ' iuranci. ' I ' aciiity. 
(5) Rule . 1 107 applies to aH rate filings (in- 
cluding those liliniis den\ed from filings of 
licensed rating organizations other than the 
North Carolina Rate Bureau), other than 
those in\ol\um; 






1 ines of insurance under the jurisdiction 
of the North Carolina Rate i?ureau: 
Nonllect pn\ate passenger automobile in- 
surance rates tor the North Carolina Re- 
insurance 1 acilitv. 



(6)f^ 1 iling^ i itft* m+4- requirt ' d k*f Hrf^ changes 
in^ ' olving tht» follosving kind ;. «4^ inr . uranc e : 
Rule . 1 108 applies to aU rate tilings de- 
scribed in -Subparagraph {>) of this Kule that 
meet one or more of the fcillowing criteria: 

{a} j\ccid e nt; 

f^ Annuitiu ;. : 

fe^ iVsiation plr i'. ical damage?; 

f4^ MortgagL ' guaranty; 

f^ I'idL'litv em4 r . urL ' tv; 

i^ 1 loalth: 

f^ Inland mariiK ' tk^t- i^ He4- written according 
t+f manual rale ', awd- rating plan;}; 

fh4 1 if I.' 

{tj Ocean marine. 

(a) A tiling lor a co\'erage that in\olves an 
increase in one \ ear greater than ten per- 
cent or a decrease ureal er than 20 percent. 

(b) A tiling for a line or part of a line whose 
North Carolina protitabililv is greater 
than one standard de\iation above the 
national a\ erage lor ihal line as indicated 
m the latest N.MC Report on I'rotitabilitv 
bv 1 ine and bv Stale. The Department 
will annualK publish a hst of such lines in 
a 1 egal Diivclne. 

(c) A tiling tor a co\'erage by a company 
whose market share [s greater than ten 
percent . 

(7) I'he tollouiniz detinilions appiv to Sub- 
parairraph (6) o[ this i^ule: 

(a) CoNcrage shall mean one of tjic following: 
(i) Municipal liability: 
(li) i'ublic school liability: 
(iii) Child care liabilit\ : 
(iv) Irrors and (imissions liability; 
(v) Public otticial liahililv: 
(\'i) Ofticers and directors liability; 
(\ii) /\ttome\s malpractice liabilitv: 
(viii) .Accounlanls malpracti ce liability; 



(ix) ;\rchilects and enizinecrs malpractice 

liability: 
(\) Producls and completed operations li^ 

ability: 
(xi) R cereal ional liability; 



479 



NORTH CAROLINA RECISTER 



PROPOSED RULES 



[xiv] 



Owners, landlords and tenants liahilitv; 



I iquor law liability: 
Pollution and enxironmental 



ment liabilits : 



impair- 



(xv) Police professional liability; 

(x\i) l'h\sicians and surgeons professional 
liability; 

(xyji) Dentists professional liability; 

(xyjii) Hospital professional liability; 

(xix) I lospital premises liability; 

(xx) Nurses protessional liability; 

(xxi) Other healthcare specialities profes- 
sional liability; 

(xxii) ]f not one of Subparagraphs (7)(a)(i) 

throuah (7)(a|(xxi) of this Rule, one of 

the lines listed on I 'ape 14 of the Annual 

Statement. 

(b) 1 ine means a line listed on Page 14 of the 



Annual Statement. 



18} 



Rule . 1 Id'j applies to any rating organisa- 
tions participating in a filing made by the 
North (,'arolina Rate {bureau or the North 
C^arolina Reinsurance lacility. 



(9) Rate filings are not required for the fol- 
lowing lines of insurance: 

(a) A\iation ph\sical damage; 

(b) 1 idelit\ and suret\ : 

(c) Mortgage guarantx : 

(d) Ocean manne. 

(J_0|ffef I'iling -i Rate filings are not required for 
Frtte changL'o involving the following types 
of policies: 
Those pursuant to the Surplus 1 ines Act; 
Those yyritten under the PAIR Plan; 
Those written under the Beach Plan that 
include coyerages other than only wind- 
storm and hail; 

Those issued in North Carolina covering 
multistatc ri.sks except in respect to cov- 
erages applicable to North Carolina lo- 
cations; 

Those issued by a town or county farmers 
mutual fire insurance association restrict- 
ing its operations to not more than fi\c 
counties in this State that are adjacent to 
the county in which the home oflicc is 
located. 
(1 1) .All manual inland marine rates and rating 
plans must be filed, 
(a) This includes the manual rates and rating 



(a) 
(b) 
(c) 



(d) 



(e) 



IE 



lines and rating or- 



plans of both 

gani/ations. 

(b) Rates and rating plans that are not derived 

from a manual need not be tiled. 

( 12) (4) Filings arc required for all rates 

whether advisor}', suggested, or specific rates 

except for those lines, policies, or rates spe- 

citically excluded in Subparagraphs (8). (9), 



or (10) of this Rule, trf inr . uranco other than 

♦ 1"« <■•»■-■ t 1 «■"<.»< J t r^ I ^\ 1 r\ 4 l-> « r- \j 1 1 1 . \ 

llll.'.^ IILTIV-Tl TTT \ ^" TTT 1 1 IIJ 1 V U 1 1-' . 

(a) Rates applicable to only one particular risk 
must be filed. 

(b) Rates Such ratoo may be filed either as 
specific rates or as ranges of rates from 
which the rates for individual risks will be 
determined. 

(1.3) Rules .1107 and .1108 also apply to loss 
cost tilings: 



(a) in cases where a rating organization files 
only adjusted loss costs, the same re- 
quirements as for rate filings apply, with 
the exception of those dealing with ex- 
pense and protit provisions. 

(b) In cases where advisory organizations file 
only unadjusted loss costs, the same re- 
quirements as for rate filings apply, with 
the exception of those dealing with ex- 
pense and profit provisions and loss de- 
velopment and trend factors. 

( 14) Rates contained in rate filings remain in 
effect until superceded by a subsequent tiling 
or until their expiration date: 

(a) The rates contained in all tilings that are 
appro\ed on or after the elTectixe date of 
this regulation will have an expiration date 
of three years after the approval date of 
the tiling. Such rates may be automat- 
ically renewed by a letter to the Depart- 
ment, spccilXing the Department s tile 
number and the original approval date. 

(b) "1 he rates contained in all tilings approved 
prior to the eftccti\e date of this regulation 
will have an expiration date of two years 
after the effectise dale of the regulation. 
Such rates may be automatically renewed 
by a letter to the Department, specifying 
the Department's tile number and the or- 
iginal approval date. 



Statutory Authority G.S. 
58-124.23. 



58-9; 58-124.20; 



.1105 OTIIKR RATK BLRFAL LINES 

1 he information required by N.C.G.S. 
58- 124.20(h) shall be presented as follows: 
Note: If the data required by this Rule are not 
being collected or reported, or are not readily 
available to insurers prior to August 1, 1989, the 
insurers shaU commence collecting or reporting 
such data as of August 1, 1989. 1 hereafter, such 
required data as have accrued shall be included 
in each fding until enough data is available to 
fully satisfy this Rule. If in addition to the full 
years of data specified in any of the below re- 
quests, more recent data of less than a full year 
is available, that data shall also be provided. If 



NORTH CAROLINA REGISTER 



4S0 



PROPOSED RULES 



updates to the information requested below be- 
come a\ailable before a decision is reached on the 
filing, they should also be provided. 
(1) North Carolina premium, loss and loss 
adjustment experience: 

(a) .Ml a\'ailable data from companies \sriting 
a coverage in North Carolina shall be in- 
cluded in the rate filing. If any company (g) 
that has more than two percent of the 
North Carolina written premium for each 
coverage affected b>" the filing is excluded 
from the rate level, trend, loss de\elop- 
ment, or investment income calculations 
for any coverage, identify that company (h) 
and its markctshare and provide an ex- 
planation for its exclusion. /\lso estimate 
the aggregate markctshare of other com- 
panies whose experience is excluded from (i) 
those calculations. 

(b) If any company of the top 50 countp.'\\ide 
writers of each coverage affected by the 
filing is excluded from expense level cal- 
culations, identify that company if possi- 
ble and its markctshare and provide an 
explanation for its exclusion. .AJso esti- 
mate the aggregate markctshare of other 
companies whose experience is excluded 
from expense le\el calculations. ( 

(c) If an\' identifiable group of policies is ex- ( 
eluded from the calculation of any differ- ( 
entials. describe those policies if possible (j) 
and their percentage of the market and 
provide an explanation for their exclusion. 

(d) Only data from coverages under the North 
Carolina Rate Bureau's jurisdiction shall 
be included in the rate level determi- 
nation. Indicate if and how non- Bureau 
data has been excluded from package 
policies. /Vlso indicate if and how such 
data has had an effect on the filing (e.g., 
trend, expense provisions, etc.). (k) 

(e) If data from monoline coverages is used in 
the determination of package rate levels 
or \ice \ersa. the following information 
shall be provided to the extent possible: 

(ij .A clear description of the differences ( 

between the types of data: 

(iil A description of which causes of loss 
are included or excluded: 

(iii) Information on whether both types of 

experience arc for the same companies; (1) 

(iv) Comparable loss data for all years. 
(For example, if monoline experience be- 
fore a certain date supplements package 
experience after that date, also include the ( 

monohne experience after that date.) 

(f) .Adjustments made to premiums and losses 

in the filins shall be clearly described. 



Show the unadjusted amounts to which 
adjustments were made, identify the spe- 
cific adjustments, provide details on the 
derivation, calculation, and application of 
the adjustment factors, and include 
backup exhibits and information on all 
intermediate calculations. 
For each coverage, premium at present 
rates shall be calculated. Indicate how- 
such calculations were produced and sup- 
ply supporting documentation for a sam- 
ple of such calculations and justification 
of any aggregate factors used. 
The latest earned premiums and markets- 
hares for the ten largest writers in North 
Carolina of each line or coverage affected 
by the filing shall be pro\ided. 
Information from the Annual Statement 
on losses and premiums shall be included 
for homeowners and farmowners filings. 
Provide such information separately for 
the latest two Annual Statements for 
which aggregate data is a\ailable including 
the followmg items on a composite basis 
for the top 50 insurers (in terms of their 
North Carolina business) writing the line 
affected by the filing: 

i) North Carolina Page 14; 

iij Part 2; 

iii) Part 3A. 
The following information on companies 
deviating from Bureau rates for each cov- 
erage affected by the filing shall be in- 
cluded to the extent possible for each of 
the latest five years: 
(i) A list of all deviating companies; 
(ii) The total amount of deviations in dol- 
lars: 
(iii) The average percentage deviation for 
all companies. 

The following information on companies 
issuing dividends on policies affected by 
the fding shall be included for each of the 
latest five years for homeowners and far- 
mowners filings: 

i) A list of all companies issuing dividends; 
(ii) The total amount of dividends in dol- 
lars; 
(iii) ITie average percentage dividend for all 
companies. 

For each coverage and each year used in 
setting the overall rate level, the following 
information on incurred losses shall be 
provided: 

I) Paid losses and number of paid claims; 

ii) Case basis resen,'es and number of out- 
standing claims; 

iii) Loss de\'clopmcnt factor; 



4S1 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(iv) Incurred allocated loss adjustment ex- 
pense factor; 

(v) Incurred unallocated loss adjustment 
expense factor; 

(vi) Applied trend factor; 

(vii) Trended total incurred losses and LAE. 
(m) Whenever North Carolina losses are sep- 
arated into excess (catastrophe) and non- 
excess (noncatastrophe) losses, a clear 
description and justification of the stand- 
ard used to separate such losses shall be 
included. In determining an excess (ca- 
tastrophe) loading, include as many years 
of data as possible. If the number of years 
~ included differs from the number avail- 
able, provide an explanation. Also pro- 
vide an explanation if the data from which 
the excess loading is derived differs from 
that on which the rate level change is 
based, 
(n) Details on the perils that produced excess 
losses shall be provided, including the fol- 
lowing: 

(i) Identification of the windstorm catas- 
trophes that took place during years with 
excess losses; 

(ii) The percentage of each year's losses that 
can be assigned to such catastrophes (on 
an individual basis); 

(iii) The extent to which the excess losses 
reflect an increase in frequency or an in- 
crease in severity; 

(iv) The territorial distribution of catastro- 
phe losses during those years, 
(o) /VII available loss data by cause of loss 
shall be provided. Provide this in as 
much statistical detail as is available and 
indicate whether adjustment procedures 
or factors were applied to the separated 
data, 
(p) Territorial rate calculations shall include 
earned premiums, incurred losses, and the 
number of claims by territory for each of 
the years used to determine the territorial 
relativities, 
(q) Premium distribution by territory shall 
also be shown to the extent available for 
the years whose experience is used in the 
calculation of the excess multiplier, 
(r) If the filing contains changes to any set of 
differentials, include aU information re- 
lated to the derivation of these changes 
including the following: 

(i) A complete description of the method- 
olog> used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered; 



(iii) A description of the criteria used to se- 
lect a methodology; 

(iv) Details on the application of these cri- 
teria in the selection of a methodology for 
this filing; 

(v) Details on the application of the meth- 
odology' to this filing. 

(2) Credibility factor development and appli- 
cation. y\ll information related to the deri- 
vation of credibility factors contained in the 
filing shall be provided including the follow- 
ing: 

(a) A complete description of the methodol- 
ogy used to derive these factors; 

(b) A description of alternative methodologies 
considered; 

(c) A description of the criteria used to select 
a methodology; 

(d) Details on the application of these criteria 
in the selection of a methodology for this 
filing; 

(e) Details on the application of the method- 
ology to this filing. 

(3) Loss development factor development and 
application. Whenever accident year data is 
used, the following infonnation in Para- 
graphs (3)(a) through (f) shall be provided. 
In all filings, the infonnation in Paragraph 
(3)(g) shall be pro\ided. 

(a) All information related to the derivation 
of loss development factors contained in 
the filing including the following: 

(i) A complete description of the mcthod- 
olog>' used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered; 

(iii) A description of the criteria used to se- 
lect a methodology; 

(iv) Details on the application of these cri- 
teria in the selection of a methodology for 
this filing; 

(v) Details on the application of the meth- 
odology to this filing. 

(b) For each coverage included in the filing 
complete (including the upper left por- 
tion) total limits paid loss development 
triangles for the ten latest available acci- 
dent years at all available development 
points for matching policies. Also pro- 
vide the corresponding loss development 
factors and fi\e-year average factors de- 
rivable from these triangles. 

(c) The same information in (b) for total 
limits incurred losses. 

(d) The same information m (b) for number 
of paid claims. 

(e) The same infonnation in (b) for number 
of outstanding claims. 



NORTH CAROLINA REGISTER 



482 



PROPOSED RULES 



(f) If available, the information in (b), (c), (d), 

and (c) by cause of loss. 

(g) A statement from each of the ten largest 
writers of each coverage included in the 
filing regarding any reserve strengthening 
that has occurred in the last five years. 

(4) Trending factor deselopment and applica- 
tion: 

(a) For the latest five years, all available in- 
dustry data on changes in loss frequency 
and severity, by cause of loss, for each 
coverage afTccted by the filing shall be 
pro\ided. Include both countr>"vvide and 
North Carolina data. 

(b) All information related to the derivation 
of loss trend factors contained in the filing 
shall be pro\idcd including the following: 

(i) A complete description of the method- 
ology used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered: 

(Lii) A description of the criteria used to se- 
lect a methodology; 

(iv) Details on the application of these cri- 
teria in the selection of a methodolog\ for 
this tiling: 

(v) Details on the application of the meth- 
odology to this filing. 

(c) If external indices are used for trending 
purposes, provide evidence that such in- 
dices arc appropriate indicators of the se- 
lected cost changes, including 
comparisons between the actual changes 
in loss costs and those estimated by the 
indices. Indicate whether any consider- 
ation has been gi\en to the possibility that 
the indices lag behind the actual date. 

(5) Changes in premium base and exposures: 

(a) Data on the mix of exposures by different 
policy terms shall be submitted. I'or the 
latest five years, include the number of 
exposures for different policy terms. iVlso 
estimate these distributions during the pe- 
riod when the proposed rates will be in 
effect. 

(b) All information related to the derivation 
of premium trend factors contained in the 
filing shall be pro\ided including the fol- 
lowing: 

(i) A complete description of the method- 
olog\' used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered: 

(iii) A description of the criteria used to se- 
lect a methodolog)'; 

(iv) Details on the application of these cri- 
teria in the selection of a methodology for 
this filinsz: 



(v) Details on the application of the meth- 
odology to this filing. 

(6) I imiting factor development and applica- 
tion. Information on the following items 
shall be provided: 

(a) Limitations on losses included in the sta- 
tistical data used in the filing; 

(b) I, imitations on the extent of the rate level 
change by coverage; 

(c) I, imitations on the extent of territorial rate 
changes; 

(d) /Vny other limitations applied. 

(7) Expenses: 

(a) All information related to the derivation 
of expense provisions contained in the fd- 
ing shall be provided including the fol- 
lowing: 

(i) A complete description of the method- 
ology used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered; 

(iii) A description of the criteria used to se- 
lect a methodology; 

(iv) Details on the application of these cri- 
teria in the selection of a methodology for 
this filing; 

(v) Details on the application of the meth- 
odology to this filing. 

(b) Famed premium and unallocated loss ad- 
justment expenses by coverage for each 
of the latest fi\e years shall be included in 
the filing. 

(c) For each of ten largest writers of a line or 
coverage in North CaroUna, statements 
regarding any expense cutting activities 
undertaken in the last five years shall be 
provided. 

(8) The percent rate change. Ihe statewide 
rate change shall be provided by coverage 
and by deductible. 

(9) Proposed rates. Proposed average rates for 
each coverage, coverage amount, form, and 
group shall be provided. (In filings involv- 
ing a large number of possible rates, infor- 
mation on rating factors and their 
application may be substituted for the actual 
rates.) 

(10) Investment earnings. Information on an- 
ticipated investment income is necessary to 
establish the provision for underwriting 
profit and contingencies in the rates. 
(a) Intbnnation on the amount of investment 
income earned on loss, loss expense, and 
unearned premium reserves in relation to 
earned premium for a line or coverage in 
North Carolina shall be calculated or es- 
timated to the extent possible for the latest 
two vcars and estimated for the current 



483 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



year and all years during which the pro- 
posed rates will be in effect. Calculations 
shall be provided in detail including the 
amount of the composite reserves of each 
type at the beginning and end of each of 
the specified years, 
(b) To evaluate recent insurer profitability, 
composite information from the Annual 
Statement for the top 50 insurers (based 
on their North Carolina business) writing 
those coverages affected by the filing shall 
be included. Provide the following infor- 
mation from the latest two Annual State- 
ments for which aggregate data is available 
in the same format and detail as the ex- 
hibits in individual company statements: 

(i) Page 2 (As.sets); 

(ii) Page 3 (Liabilities, Surplus and Other 
Funds); 

(iii) Page 4 (Underwriting and Investment 
Exhibit); 

(iv) Insurance Expense Exhibit, Part II, the 
columns that are affected by the filing. 

(11) Identification and Certification of Statis- 
tical Plans: 

(a) All statistical plans used or consulted in 
preparing this filing shall be identified. 
Also describe the data compiled by each 
plan. 

(b) A certification that there is no evidence 
that the data that was collected in accord- 
ance with such statistical plans and uti- 
lized in the rate filing are not true and 
accurate representations of each compa- 
ny's experience to the best of its know- 
ledge shall also be provided. 

(12) Investment Earnings on Capital and Sur- 
plus. Given the selected underwriting profit 
and contingencies loadings contained in the 
filing, indicate the resulting rate of return on 
equity capital, and on total assets including 
consideration of investment income shall be 
calculated. Show the derivation of all fac- 
tors used in producing the calculations. 
Provide justification that these rates of re- 
turn are reasonable and fair. 

(13) Level of Capital Surplus Needed: 

(a) Aggregate premium to surplus ratios for 
the latest three calendar years for all com- 
panies writing the coverages included in 
the filing in North Carolina shall be pro- 
vided. 

(b) Estimates of comparable ratios for the 
years during which the rates will be in ef- 
fect shall also be provided. 

(14) Other Information: 

(a) All information related to the derivation 
of the profit and contingency loadings 



contained in the filing shall be provided 
including the following: 

(i) A complete description of the method- 
ology used to derive these factors; 

(ii) A description of alternative methodol- 
ogies considered; 

(iii) A description of the criteria used to se- 
lect a methodology; 

(iv) Details on the application of these cri- 
teria in the selection of a methodology for 
this filing; 

(v) Details on the application of the meth- 
odology to this filing. 

(b) Agendas and minutes of meetings of the 
North Carolina Rate Bureau affecting the 
filing shall be included as well as a list of 
all attendees at these meetings, their titles, 
and their affiliations. 

(c) Payments to any other consultants (in- 
cluding lawyers, actuaries, and econo- 
mists) related to this filing and the 
previous one on the particular line or 
coverage shaU be described. If payments 
are not specifically identified as related to 
indi\idual filings, estimate the charges. 

Statutory- Authority G.S. 5S-9; 5S-I24.20(h). 

.1 106 OKMM IONS FROM RATRS OF THE 
NORTH CAROLIN.\ R ATK IJl RKAU 

(a) Definitions: 

( 1) Rate de\iation refers to the entire col- 
lection of dilferences from the Rate Bu- 
reau rates and ratini; plan that a company 
has implemented or proposes to imple- 
ment. Deviation and agereuate deviation 
are used s\non\mous!v. A company shall 
ha\e only one rale deviation from each 
Rate Bureau filing and rating plan. 

(2) Deviation component refers to any indi- 
vidual part of the aggregate deviation. 
De\iation components may apply to dif- 
ferent coN'erages. territories, classes, types 
of insureds, etc. 

(3) Introduction of a de\iation means that a 
company has no current rate deviation on 
file for the particular line but is proposing 
to implement one. 

(4) Modification ot^^ a deviation means that a 
company has a current rate deviation on 
file for the particular line and that the 
company proposes to add, change, or 
eliminate one of the compc^nents of the 
dc\iation. 

£5) Withdrawal of a de\ialion means that a 
company has a rate deviaticm on file that 
\\_ proposes to withdraw in its entirety. 

(b) (a-^ Filing Guidelines: 



NORTH CAROLINA REGISTER 



484 



PROPOSED RULES 



( 1 ) y\ll rate deviation filings must be made in 
triplicate. 

(A) Send the original and one copy to the 
department. 

(B) Send the second copy to the North 
Carolina Rate Bureau. 

(2) A rate deviation shall be filud, introduced, 
modified, or withdrawn on an individual 
company basis even if the company is part 
of a group. 

(3) All proposed rate deviations shall be ex- 
pressed in terms of North Carolina Rate 
Bureau rates, either as percentages or dol- 
lar amounts. 

(4) Filing requirements differ by type of de- 
viation action: 

(A) To introduce a deviation, see f .i^ ction 
f&^T ParaLjaph (d) of this Rule. 

(B) To modify a deviation, see ooction fd^r 
[Paragraph (e) of this Rule. 

(C) To withdraw a deviation, see section 
fe^ Paraizraph (f| of this Rule. 

(c) ffe4 Application of Dc\iations: 

(1) On appro\al of the introduction, modifi- 
cation, or withdrawal of one or more rate 
deviations, the dep;irtment shall transmit 
to the company a letter of approval listing 
all the frtti* dovialidnci components in ef- 
fect for that line and company. AH- 4<»v+- 
Qtions li -. tL ' d j . hall t>e appU e d i<& aii eligibl e 

b* appliL ' d to »fty insured. 

(2) AU dc\iation components listed shall be 
applied to all eligible insureds and devi- 
ation components not listed shall not be 
applied to an\ insured. 

(3)f^ Rate deviations remain in effect until 
modified or withdrawn. 

(4)(4^ Modifications of existing rate devi- 
ations are permitted at any time. 

(5)f44 An unmodified rate deviation may be 
withdrawn only if both of the following 
conditions have been met: 

(A) The deviation has been in effect for at 
least six months. 

(B) Application for withdrawal is submitted 
to the department 1 5 days before the pro- 
posed withdrawal date. 

(6) (4) A modified rate deviation may be 
withdrawn only if both of the following 
conditions ha\e been met: 

(A) The deviation has been in effect for at 
least six months since the date of the last 
modification. 

(B) Application for withdrawal is submitted 
to the department 1 5 days before the pro- 
posed withdrawal date. 



(d) (e> Filings to introduce rate deviations fof 
ftew F*h» deviations. Filings fof h#w doviationo 
shall contain only the following information: 

(1) A cover letter containing the following: 

(A) Company name; 

(B) Federal F.mployer's Number; 

(C) Fine of business involved. 

ff^ A brief d e scriptive sontenco ef oach 

deviation to be introduced; 
fi*^ Proponed eff e ctiv e date. 

f?^ A separate e.Hc e ption pag e fef oach pro 
posed de' i iation (4^ net submit manual 
pages.) 

(2)f^ A completed deviation questionnaire 
obtained from the Fire and Casualty Di- 
vision. 

{4^ A completed operating profitability fonn 
obtained from tJve ftfe aft4 Casualty ©i- 
vision. 

(3) Completed supplementary exhibits ob- 
tained from the lire and Casualty Divi- 
sion for each de\iation component. 

(e) (4^ Filings fof modifications ef Fat^ dovi 
ations. Fdings fof modifications ef to modify 
rate deviations shaU contain only the following 
information: 

(1) A cover letter containing the following: 

(A) Company name; 

(B) Federal Employer's Number; 

(C) Fine of business involved; 

(D) Department file number. 

ft4 A bnef descriptive sentence »» each ©f 

A« deviations to be modified; 
(44 A brief descriptive s e ntence eft e ach ef 
A« unmodified deviations tl+at- remain i» 
e ffect: 
fS-^ Proposed effective dat e . 

f^ Separate exception pages fef aH des'iation 
that- mti be i» effect as ef Ae proposed 
effective date f©» He* submit manual 
pages.) 

£22(4) A completed deviation questionnaire 
obtained from the Fire and Casualty Di- 
vision. 

f4^ A completed operating profitability form 
obtained from t+*e Fwe aft4 Casualty ©i- 
vision. 

(3) (Completed supplementary exhibits ob- 
tained from the lire and ('asualty Divi- 
sion for each de\iation component that is 
added, changed, or eliminated. 

(f) (ef Filing letters for withdrawals of rate de- 
viations. Filing letters for withdrawal shall con- 
tain only the following information: 

( 1 ) A cover letter including the following in- 
formation: 

(A) Company name; 

(B) Federal Employer's Number; 



4S5 



NORTH CAROLINA REGISTER 



PROPOSED RULES 






^ 



(C) line of business involved; 

(D) Department file number. 

ftt) A briuf (JtM i criptivu liontonco t»f oach de- 

vidtion to h% i i sithJruwn; 
fl-^ Propo ii od eflL ' ctis'w duto. 
(2) A statement that the deviation has been 
in effect for at least six months, 
(f) Doviution qutv . tionnairo. 44*«» dc i iation 
quo i itinnnairo tilmll contain the following infer 
mution: 

(+)• Com pun V name; 
(^ Ortte»f6fa*gt 
f^ Federal Hmployor's Number; 
(4^ Company fi4*» number; 
f^ I ine ef inr . uranco; 
Program title; 

Department file number, if applicable; 
Number »f policier . written i« North Ga- 

would have been affected by A# intro 
duction, modification, »f withdrawal ef 
t+H* deviation; 

Company's current percentage share ef 
the North Carolina market fof U^ lt«e (+» 
temis ef premium); 
f+0^ Percentage »f t4*e company o North Qst- 
rolina book trf business affected by the 
deviation ftft t e mis ef both premium aft4 
number h4^ polici e s); 

book ef business comprised ef North Ca- 

rTTTTTTTT I ^TIH,IV,' CTTT^^^^^^Cr ?,• T TT^C ^^^^T^l LI I 1 1 .1 1 I ^T^T 

temis ef both premium »«4 numb e r ef 
policies); 
(44) Aggregate pr e mium chang e ift dt)llars aftd 
percentag e f»f North ('arolina policy 
holder -i affected by the deviation; 
f444 A fet- »f states where the company has 
filed similar deviations. (Provide separate 
fists fof approved a«4 disapproved devi 
ations); 
f4-4) niigibility requirements fi»f the deviation; 
f44^ Piestrictions e» the application »f the 

de' i iation; 
f+4) C e rtification by a company official tfiat 
the information suppli e d is complete aftd 
accurate; 
f+^ Such other infonnation that the com 
mi 'i'. ioner may r e quir e . 
fg) Operating Profitability Form. The operat 
tftg pmfitabihty form shall contain the following 
intonnation h« a company's North Carolina es- 
perience fi+f the latest throe years, fof eaeh yeat 
a«4 H+ total: 

(4) r>^ premiums written; 

f3) >iet premiums earned; 

(4^ -Net losr . es incurred; 

f4) rvet less adjustment expense incurred; 



($)• ■Net acquisition expenses; 

(^ -Net general expenses; 

f?) rM»t tax e s, lic e ns e s aftd fees? 

fS) -Net und e rwriting gain Bf loss; 

(^ Direct earned premium at cuirent bureau 

^^^^^^ ^^^^^^ 1*^^^^^^ ^^i ^^^^^^^^^^^^^2 ^^^^^^1 ^^^^^^j;^^^^ ^^^^^^^^^ 

T TTTT 1 T I V 1 II I ItJ rrr C Li. 1 L.^T^TTrr T VTir rr^C^CTTT^^CT ^^^^^^^CT 

aft4 less adjus . tment expenses te- direct 
earned premium at curr e nt manual rates; 
f44) 44m* ratio t4 annual less trend t» annual 
premium trend; 

r T tiT I I IV rrcTTcr ttt l.' i 1 1 1 1— 1 1 ii^ lu j j i ui lu ttt ^ u i 

f44) Foss aftd less adju ' ^tment expense ratio 

at current eest levefi 
(44} 44*e ratio ef incurr e d operating expense 

(other than less adjus . tment expense) te 

direct earned premium at curr e nt manual 

rates; 
(44} 44*e ratio ef investment income from 

North Carolina loss, less adju ' .itment e^t- 

pense, af»4 unearned premium reser i 'oo te 

earned premium; 
(4-6) Such other infonnation as the commis 

sionor wir^ require. 
(g) De\iation questionnaires shall contain the 
foUowini: infonnation: 



ill 

01 

til 

(51 
(61 

tZl 



Name of company; 

i-iicr's Federal F'mplo\er's Number; 

Filer s file number; 

line of insurance: 



Subline i'roizram title; 



i're\ious Department file number, if ap- 
plicable; 

Proposed effective date and rules of im- 
plementation: 

(8) Company s N.C^ volume of business; 

(9) Company's N.d market share; 

( 10) (,'ompanv's countPt wide volume of bu- 
siness; 

(11) N.C. share of the company's volume for 



the 



Oil 

im 

(14) 
(15) 
(16) 
LiZl 



Number of N.C. insureds affected; 



Percentage of N.C. insureds alTected; 
Dollar effect of the deviation; 
A\'cragc dc\iation; 
Whether de\iations are cumulative; 



Maximum cumulative discount; 



Whether any insured can be charged 
crcater than the manual rate; 



(19) Fist of individual deviation components 
and the proposed action: 

(20) Certification b\- a ccimpany officer or fil- 
ings department head; 

(21) Such other information that the com- 
missioner may require. 

(h) Supplcmentan' exhibits on deviation com- 
ponents shall contain the following infonnation: 



NORTH CAROLINA REGISTER 



486 



PROPOSED RULES 



(1) Type of component; 

(2) I'vpc of action; 

(3) Dcscnption o[ the component; 

(4) l)cscripti(m of the eliabilitv and re- 
stnctions tor the ccnnponent; 

(5) Action bv other states; 

(6) Other companies lilinu a similar compo- 
nent; 

(7) Numhcr of North Carolina policies for 
the last three \ears (and their premium) 
that ha\e been or would ha\e been af- 
fccted; 



(8) Rantze of the component; 

(9) Explanation for proposed action. 



Statutory Authority G.S. 5S-25.I: 58-/24.23 (a) 
and (c). 

.1107 NONKSSENTIAL LINES 

The infonnation required by N.C.G.S. 
58-480(e) for those lines of business described in 
Rule .1102 (4) of this Section shall be submitted 
by the completion of a Rate Filing Questionnaire 
and the necessar.' supplementar>- exhibits to 
which the questionnaire refers. 

(1) The Rate I'iling Questionnaire shall contain 
the following information: 

(a) Name of Company Rating organization; 

(b) Filer's Federal Fmplo>er's Number; 

(c) Filer's File number; 

(d) Type of filing; 

(c) Line(s) of insurance; 

(f) Subline Program title; 

(g) Type of pohcies involved; 
(h) Reasons for the filing; 

(i) Proposed cfTecti\e date and rules of im- 
plementation; 

(j) Company rating organization's approxi- 
mate market share of North Carolina 
written premium for line(s) involved; 

(k) Percentage rate change proposed; 

(1) Estimated total dollar impact of the filing 
upon North Carolina policyholders; 

(m) Whether the filing will increase the pre- 
mium of any North Carolina policy- 
holder; 

(n) Type of premium data included; 

(o) Exposure unit used; 

(p) Type of loss data included; 

(q) Permissible loss ratio, permissible loss and 
LAE ratio, or permissible loss, LAE, and 
fixed expense ratio; 

(r) Whether any expenses are treated as fixed; 

(s) Credibility information; 

(t) Loss development information; 

(u) Trend infonnation; 

(v) Underw nting profit information; 

(w) Certification of accuracy. 



(2) Supplementary exhibits shall also be sub- 
mitted containing the following information: 

(a) 1 he effect of the proposed filing on active 
filings affecting the line or subline; 

(b) A comparison of current and proposed 
rates; 

(c) Five-year rate filing history; 

(d) Premium and loss data (North Carolina 
and countr>'\vide); 

(e) Expense data (North CaroUna and coun- 
tr\-wide); 

(3) For a filing derived from a rating organiza- 
tion rate or loss cost fding, a supplementary 
exhibit shall be substituted for the section 
of the questionnaire containing the infor- 
mation described in Paragraphs (l)(q) 
through (I)(v). 

(a) For all types of rating organization filings, 
this exhibit shall contain the following in- 
formation: 

(i) The name of the rating organisation; 
(ii) The applicable rating organization filing; 
(iii) Eligibility requirements and restrictions 

applicable to the filing; 
(iv) The type of rating organization filing. 

(b) In cases where the rating organization fdes 
final rates, this exhibit shall also identify 
the basis for the differences between the 
company and rating organization filings. 

(c) In cases where the rating organization files 
loss costs, this exhibit shall also contain 
the following information: 

(i) Permissible loss ratio, permissible loss 
and LAE ratio, or permissible loss, LAE, 
and fixed expense ratio; 

(ii) Whether any expenses are treated as 
fixed; 

(iii) /\n explanation of the derivation of the 
expense provisions and of their incorpo- 
ration into the final rates; 

(iv) L'nderwriting profit provision informa- 
tion. 

Statutory Authority G.S. 58-9; 58-480(eJ. 

.1108 OTHER LINES 

For those lines described in Rule .1102(6) of 
this Section the Commissioner may request, in 
addition to the Rate Fihng Questionnaire de- 
scnbed in Rule .1107 of this Section, that the in- 
formation required by N.C.G.S. 58-480(e) shall 
be presented as follows: 

Note: If the data required by this Rule are not 
being collected or reported, or are not readUy 
available to insurers prior to January 1, 1990, the 
insurers shall commence collecting or reporting 
such data as of Januar>- 1, 1990. Thereafter, such 
required data as have accrued shall be included 



4S7 



^'ORTH CAROUNA REGISTER 



PROPOSED RULES 



in each filing until enough data is available to 
fuUy satisfy this Rule. If in addition to the full 
years of data specified in any of the below re- 
quests, more recent data of less than a full year 
is available, that data shall also be provided. If 
updates to the information requested below be- 
come available before a decision is reached on the 
filing, they should also be provided. 
(1) North Carolina premium, loss and loss 
adjustment experience: 

(a) For each coverage, premium at present 
rates shall be calculated. Indicate how 
such calculations were produced and sup- 
ply supporting documentation for a sam- 
ple of such calculations and justification 
of any aggregate factors used. 

(b) The latest earned premiums and markets- 
hare based on those premiums for the 
company or companies making the filing 
and for the ten largest insurers that write 
that coverage in North Carolina shall be 
provided. 

(c) Information from the Aruiual Statement 
on losses and premiums shall be included. 
(If the filing is being made for more than 
one company, composite Lnformation 
shall be pro\ided.) Provide such infor- 
mation separately for the latest five An- 
nual Statements for the particular line: 

(i) North Carolina Page 14; 
(ii) Part 2; 
(iii) Part 2B; 
(iv) Part 3A. 

(d) The foUowing information on companies 
experience and schedule rating plans for 
the particular line shall be included: 

(i) The experience rating plan off-balance; 
(ii) The schedule rating plan off-balance; 
(iii) The average deviation from bureau 

rates (if applicable); 
(iv) The average dividend granted. 

(e) If the filing involves a rate change for a 
particular classification or territory, rather 
than an overall statewide rate change, the 
same information in Paragraph (d) of this 
Rule shall be provided for that class or 
territory. 

(f) For each coverage and each year used in 
setting the overall rate level, the following 
information on dollars of incurred losses 
shall be provided: 

(i) Paid losses; 

(ii) Case basis reser\es; 

(iii) Loss development; 

(iv) Incurred allocated loss adjustment ex- 
pense; 

(v) Incurred unallocated loss adjustment 
expense; 



(vi) Applied trend factor; 

(vii) Trended total incurred losses and LAE. 

(g) Whenever North Carolina or countrywide 
losses are separated into excess (catastro- 
phe) and nonexcess (noncatastrophe) 
losses, a clear description and justification 
of the standard used to separate such 
losses shall be included. In determining 
an excess (catastrophe) loading, include 
as many years of data as possible. If the 
number of years included differs from the 
number available, provide an explanation. 
Also provide an explanation if the data 
from which the excess loading is derived 
differs from that on which the rate level 
change is based. 

(h) Territorial and class rate calculations shall 
include written premiums, earned premi- 
ums, paid losses, incurred losses, and the 
number of claims by territory for each of 
the years used to determine the territorial 
relativities. 

(i) For all incurred loss adjustment expense 
data contained in the filing, the related 
incurred losses shall be shown. 

(2) Credibility factor development and apph- 
cation. Ail information related to the deri- 
vation of credibility factors contained in the 
filing shall be provided. Include the follow- 
ing information: 

(a) All data reviewed and worksheets used; 

(b) A complete description of the methodol- 
ogy used to derive the factors; 

(c) A description of alternative methodologies 
used or considered for use; 

(d) A description of the criteria used to select 
one of the various methodologies for in- 
clusion in a particular filing; 

(e) Special details regarding the application of 
these criteria in the selection of a meth- 
odology for this filing; 

(f) Details on the application of the method- 
ology to this filing. 

(3) Loss development factor development and 
application. 

(a) All information related to the derivation 
of the loss development factors contained 
in the fding shall be provided. Include the 
following information: 

(i) All data reviewed and worksheets used; 

(ii) A complete description of the mcthod- 
olog\' used to derive the factors; 

(iii) A description of alternative methodol- 
ogies used or considered for use; 

(iv) A description of the criteria used to se- 
lect one of the various methodologies for 
inclusion in a particular filing; 



NORTH CAROLINA REGISTER 



48S 



PROPOSED RULES 



(v) Special details regarding the application 
of these cnteria in the selection of a 
methodology for this filing; 

(vi) Details on the application of the meth- 
odology to this filing. 

(b) If accident year data is used in the rate 
filing, provide for each coverage complete 
(including the upper left portion) total 
limits paid loss development triangles for 
the ten latest available accident years at 
all available development points. Also 
provide the corresponding loss develop- 
ment factors and five-year average factors 
dcri\able from these triangles. 

(c) The same information in (b) for incurred 
losses. 

(d) The same information in (b) for number 
of paid claims. 

(e) The same information in (b) for number 
of outstanding claims. 

(f) A statement regarding any strengthening 
or weakening of company reserves that 
has occurred in the last five years. (If the 
filing is for a group of companies, include 
statements from the largest writers of the 
coverage in North Carolina.) 

(4) Trending factor development and applica- 
tion: 

(a) Available trend data (both countr^'widc 
and for North Carolina) for the latest 
available five years shall be included in the 
filing for all coverages or sublines. 

(b) All information related to the derivation 
of the trend factors contained in the filing 
should be provided. Include the following 
information: 

(i) All data reviewed and worksheets used; 

(ii) A complete description of the method- 
ology used to derive the factors; 

(iii) A description of alternative methodol- 
ogies used or considered for use; 

(iv) A description of the criteria used to se- 
lect one of the vanous methodologies for 
inclusion in a particular filing; 

(v) Special details regarding the application 
of these criteria in the selection of a 
methodology for this filing; 

(vi) Details on the application of the meth- 
odology' to this filing. 

(c) 1 he derivation of all trend factors included 
in the filing shall be shown, including the 
intermediate steps and the origins of all 
figures used in the calculations. 

(5) Changes in premium base and exposures: 
(a) Data on the mix of policies by different 

policy terms shall be submitted. For the 
latest five vears, include both the number 



of policies and the amount of earned pre- 
mium for different policy terms. 

(b) Data on changes in distribution of in- 
sureds by class and territory shall be sub- 
mitted. Submit all infonnation available 
on such groupings for the latest five years. 

(c) Data on changes in any inflation sensitive 
premium bases for the coverage during the 
latest five years. 

(6) Limiting factor development and applica- 
tion. Infomiation on the following items 
shall be provided: 

(a) Limitations on losses included in the sta- 
tistical data used in the filing; 

(b) I imitations on the extent of the rate level 
change by coverage or subline; 

(c) limitations on the extent of territorial and 
class rate changes; 

(d) Any other limitations apphed. 

(7) Lxpenses: 

(a) All information related to the derivation 
of the trend factors contained in the filing 
should be pro\ided. Include the following 
information: 

(i) All data reviewed and worksheets used; 

(ii) A complete description of the method- 
ology used to arrive at the selected load- 
ing; 

(ui) A descnption of alternative methodol- 
ogies used or considered for use; 

(iv) A description of the criteria used to se- 
lect one of the various methodologies for 
inclusion in a particular tiling; 

(v) Special details regarding the application 
of these criteria in the selection of a 
methodology' for this filing; 

(vi) Details on the application of the meth- 
odology to this filing. 

(b) Famed premium and unallocated loss ad- 
justment expenses for each of the latest 
five years shall be included. If available, 
provide such information by co\erage or 
subline. 

(c) Number of claims (aU limits and all de- 
ductibles) and allocated loss adjustment 
expenses for each of the last five years 
shall also he included. If available, pro- 
vide such information by coverage or 
subline. 

(d) A statement regarding any company ex- 
pense cutting activities undertaken in the 
last fi\e years shall be provided. (If the 
filing is for a group of companies, include 
statements from the largest writers of the 
coverage in North Carolina.) 

(8) The percent rate change: 

(a) Lhe o\erall statewide rate change shall be 
shown as well as the amount of the 



4S9 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



change attributable to each of the follow- 
ing: experience, a change in the annual 
trend factor from the previous filing, a 
change in expense provisions, law 
changes, a change in the tax provision, 
and a change in the assessment provision. 

(b) The information described in Subpara- 
graph (a) of this Paragraph shall also be 
pro\ided by coverage or subline. 

(9) Proposed rates: 

(a) I'roposcd rates for each territory', classi- 
fication, and coverage shall be provided. 
(In filings involving a large number of 
possible rates, information on rating fac- 
tors and their application may be substi- 
tuted for the actual rates.) 

(b) An explanation of how territorial average 
rates and classification rates are deter- 
mined shall be included. Also provide a 
sample calculation for each. 

(10) Investment earnings. Information on an- 
ticipated investment income is necessary to 
establish the provision for underwriting 
profit in the rates. 

(a) Information on the amount of in\'estment 
income earned on loss, loss expense, and 
unearned premium reserves in relation to 
earned premium for a particular line in 
North (Carolina shall be calculated for the 
latest two years and estimated for the 
current year and all years during which the 
proposed rates will be in effect. Calcu- 
lations shall be provided in detail includ- 
ing the amount of the reser\es of each 
type at the beginning and end of each of 
the specified years. 

(b) Information on the estimated average 
length of time that elapses between the 
occurrence of an insured loss in North 
Carolina and the payment of a claim shall 
be pro\ided. The average shall be 
weigiited average based on size of claim 
payments. Indicate how the length has 
changed over the last ten years. 

(c) To evaluate recent insurer profitability, 
provide the following information sepa- 
rately from the latest two Annual State- 
ments: (If the filing is for more than one 
company, composite information shall be 
provided). 

(i) Page 2 (Assets); 

(ii) Page 3 (Liabilities, Surplus and Other 

funds); 
(iii) Page 4 (Underwriting and Investment 

Exhibit); 
(iv) f xhibit I (Analysis of Assets). 

(11) Identification and Certification of Statis- 
tical Plans: 



(a) All statistical plans used or consulted in 
preparing this filing shall be identified. 
Also describe the data compiled by each 
plan. 

(b) A certification that all the data utilized in 
the rate filing was collected in accordance 
with such plans and is a true and accurate 
representation on the company's experi- 
ence to the best of its knowledge shall also 
be provided. 

(12) Investment Earnings on Capital and Sur- 
plus. Given the selected underwriting profit 
and contingencies loadings contained in the 
filing, indicate the resulting rate of return on 
equity capital, on total assets, and on assets 
assigned to insurance operations including 
consideration of investment income. Show 
the derivation of all factors used in produc- 
ing the calculations. Provide justification 
that these rates of return are reasonable and 
fair. 

(13) Level of Capital, Surplus Needed: 

(a) Aggregate premium to surplus ratios for 
the latest five calendar years shall be 
shown. 

(b) Estimates of comparable ratios for the 
years during which the rates will be in ef- 
fect shall also be provided. 

(14) Other Information: 

(a) All information on the various preliminary 
and intermediate steps taken in preparing 
the filing shall be included with it. 

(b) All information related to the derivation 
of the profit and contingency loadings 
contained in the filing should be provided. 
This information should include at a mi- 
nimum the following: 

(i) All data reviewed and worksheets used; 

(ii) A complete description of the method- 
ology used to arrive at the selected load- 
ing; 

(iii) A description of alternative methodol- 
ogies used or considered for use; 

(iv) A description of the criteria used to se- 
lect one of the various methodologies for 
inclusion in a particular filing; 

(v) Special details regarding the application 
of these criteria in the selection of a 
methodology for this fiUng; 

(vi) Details on the apphcation of the meth- 
odolog)' to this filing. 

(15) Additional information. The Commis- 
sioner may require such other information 
as he deems necessarv' to constitute a proper 
rate filing. 

Statutory Authority G.S. 58-9; 58-480(e). 



NORTH CAROLINA REGLSTER 



490 



PROPOSED RULES 



.1109 K\ri\(; ORf;AM/.Ario\s 

AH rating organizations participating in a filing 
submitted by the North Carolina Rate IJurcau 
or the North Carolina Reinsurance Faciiity shall 
provide the following items to the Department 
within 30 days after the filing has been made: 
( 1 J General information. Agendas and minutes 
of meetings of the rating organization af- 
fecting the filing explicitly, or implicitly 
through the adoption of a countPv'wide pro- 
cedure. Include a hst of all attendees at 
these meetings, their titles, and their affil- 
iations. 

(2) Selection of methodologies. The following 
information regarding credibility factors, loss 
development factors, trending factors. o\er- 
hcad expenses, and profitability shall be 
provided whenever the rating organization 
derives these factors for the Rate Bureau: (If 
the filing itself contains the information re- 
quested in Paragraphs (2)(i). (2|(iii), (2)(iv), 
reference to the location of that information 
is sufficient). 

(a) A complete description of the methodol- 
ogy used to arrive at the selected loading; 

(b) A description of alternative methodologies 
used or explicitly considered for use by the 
rating organization in other states; 

(cj A descnption of the criteria used to select 
one of the various methodologies for in- 
clusion in a particular filing; 

(d) Specific details regarding the application 
of these criteria in the selection of a 
methodology for this filing. 

(3) Profit and contingency loading. Informa- 
tion shall also be provided on the under- 
writing profit and contingency loading of all 
fdings made by the rating organization 
within the last five years in other states. For 
all such filings, hst the state, the underwrit- 
ing profit and contingency loading submit- 
ted, any explicit loading approved, and the 
effectis'e date of the rates. 

Statutory Authority G.S. 5S-9; 58-25./. 

niLE 12 - DEP.ART.MENT OF JUSTICE 



No 



otice is hereby given in accordance with G.S. 
I50B-12 that The Sorth Carolina Sheriffs Edu- 
cation and Training, Standards Division intends to 
amend nde(s) cited as 12 SC.AC JOB .0/03, 
.030/ - .0302, .0304 - .0305, .0406, .0502. .0505. 
.060/. .0W2. .0802. .0903 - .0904. .0908. ./002. 
.//02 - .1/04. .200/ - .2002, .2/04 - .2/05. and 
adopt rule(s) cited as /2 SCAC /OB .0/06 - 
.0/07. .0204. .0409. ./20/ - ./206. .220/ - .2204. 



I he proposed effective date of this action is 
January- /, /990. 

1 he public hearing will be conducted at 9:00 
a.m. on September /2, /989 at Holiday Inn, 530 
.lake .-ilexander Boule\ard, 1-85, Exit 75, Salis- 
bury. .\orth Carolina 28/44. 

C om/nent Procedures: Any person interested in 
these rules may present oral or written comments 
relevant to the proposed action at the Public 
Rule-Making Hearing. Written statements not 
presented at the Hearing should be directed to the 
undersigned. The proposed rules are a\ailable for 
public inspection and copies may be obtained at 
the following address: 

Sheriffs Standards Division 

P.O. Box 629 

/04 Eavetteville Street .Ma/1 

Raleigh, .\C 27602 

CHAPTER 10 - N.C. SHERIFFS' EDL CATION 
AND TRAINING ST.VND.\RDS COMMISSION 

SI BCIIAPTER lOH - NC SHERIFFS' 

EnFCAIION AND IRAIMNG STANDARDS 

COMMISSION 

SECTION .0100 - COMMISSION 
ORG.\NIZ.\TION .VND PROCEDLRES 

.0103 DEFINHION 

In addition to the definitions set forth in G.S. 
17E-2. the following definitions apply through- 
out this Chapter, unless the context clearly re- 
quires otherwise: 
( 1 ) "Con\ictcd" or "Con\'iction" means and 
includes, tor piiiposes of this Chapter, the 
entPv- of: 



(b) 



l ea of guilty; 

\crdict of findins of cuilt bv a 



lun'. 



judge, magistrate, or other duly consti- 
tuted, established, and recognized adjudi- 
cating bod\ . tribunal, or otlicial, either 
ci\"ilian or militar%": or 



(c) a plea of no contest, nolo contendere, or 
the cqui\alcnt. 

f2)(-l4 "Department Head" means the chief 
administrator of any criminal justice agency. 
Department head includes the sheriff or a 
designee foimally appointed in writing by 
the department head. 

f3)(r^ "Director" means the Director of the 
Sheriffs' Standards Division of the North 
Carolina Department of Justice. 

f4|^ "Di\ision" means the Sheriffs' Stand- 
ards Di%ision. 



491 



NORTH CAROLINA REGLSTER 



PROPOSED RULES 



(5)f4^ "High School" means a school accred- 
ited as a high school by: 

(a) the Department or Board of Education of 
the state in which the high school is lo- 
cated; or 

(b) the recognized regional accrediting body; 
or 

(c) the state university of the state in which 
the high school is located. 

(6)f^ "linrolled" means that an individual is 
currently actively participating in an on-go- 
ing formal presentation of a commission-ac- 
credited basic training course which has not 
been concluded on the day probationary 
certification expires. 

(7)f6^ "lateral Transfer" means certification 
of a justice officer when the justice officer 
has previously held general or grandfather 
certification and has been separated by an 
agency or transferred to another agency and 
the justice officer has been separated from a 
justice officer position for no more than one 
year. 

(8) "Misdemeanor" means those criminal of- 
fenses not classified bv the North Carohna 



traffic code of this state, or any other ju- 
risdiction, either civil or military, for 
which the maximum punishment allow- 
able for the designated otfense under the 
laws and statutes of North Carolina in- 
cludes imprisonment for a term of more 
than six months but not more than two 
years. Specifically excluded from this 
grouping of "class B misdemeanor" crim- 
inal offenses arc motor vehicles or traffic 
offenses designated as being misdemea- 
nors under Chapter 20 ( Motor Vehicles) 
of the General Statutes of North Carolina 
or similar laws of other jurisdictions with 
the following exceptions. Class B misde- 
meanor does expressly include, cither first 
or subsequent offenses of Cj.S. 20- 1 38(a) 
or (b), G.S. 20-166 (duty to stop in event 
of accident). This definition further in- 
cludes a violation of G.S. 20-138.1 (im- 
paired driving) if the defendant was 
sentenced under punishment level one 
ICj.S. 20- 1 79(g) I or punishment level two 
IG.S. 20-179(11)1 for the offense. 



General Statutes, the United States Code, Statutory Authority G.S. I7E-7. 
the common law. or the courts as felonies. 



Misdemeanor offenses arc classified by the 

Commission as follows: 
(a) "(Hass A Misdemeanor" means an act 
committed or omitted in violation of any 
common law, duly enacted ordinance, 
criminal statute, or criminal traffic code 
of this state, or any other jurisdiction, ei- 
ther civil or military, for which maximum 
punishment allowable for the designated 
otfense under the laws, statutes, or ordi- 
nances of North Carolina or its political 
subdivisions includes imprisonment for a 
term of not more than six months. Spe- 
cifically excluded from this grouping of 
"class A misdemeanor" criminal offenses 
are motor vehicle or traffic offenses desig- 
nated as misdemeanors under Chapter 20 
(Motor Vehicles) of the (jeneral Statutes 
of North Carolina, similar laws of other 
jurisdictions, or duly enacted ordinances 
of an authorized governmental entity with 
the exception of the offense of impaired 
driving (G.S. 20-138.1) which is expressly 
included herein as a class A misdemeanor, 
if the defendant 
punishment level 

level four |G.S. 20-l79(i)|, or Icvd five 
IG.S. 20-179(k)|; 

"Class B Misdeme^mor" means an act 
committed or omitted in violation of any 
common law, criminal statute, or criminal 



was sentenced under 
three jG.S. 20-l7'J(i)|, 



(bl 



.0106 PROCEDLRKS FOR PETITIONS FOR 
RLLE-MAKING 

In addition to the procedures set out in G.S. 
1 SOB- 16, Petitions for Rule- Making shall be 
submitted to the Commission and shall contain: 

(1) petitioner's name, address and telephone 
number; 

(2) a draft of the proposed rule or rule change; 

(3) the reason for its proposal; 

(4) the effect of the proposal on existing rules 
or decisions; 

(5) data supporting the proposal; 

(6) practices likely to be affected by the pro- 
posal; and 

(7) a list or description of persons likely to be 
affected by the proposed rule. 

Statutory Authority G.S. I50B-I6. 

.0107 PROCEDLRES FOR PETITIONS FOR 
DECLARATORY RLLINGS 

(a) In addition to the procedures set out in G.S. 
1 SOB- 17, Petitions for Declaratory Rulings shall 
be submitted to the Commission and shall con- 
tain: 

(1) petitioner's name, address and telephone 
number; 

(2) the statute(s), rulc(s) or both to which the 
request relates; 

(3) all facts and information which are rele- 
vant to the request; 



NORTH CAROLINA REGISTER 



492 



PROPOSED RULES 



(4) a concise statement of the manner in 
which petitioner has been aggrieved; 

(5) a draft of the Declarator^' Ruling sought 
by petitioner (if specified outcome is 
sought by petitioner); 

(6) practices likely to be affected by the De- 
claratory Ruling; 

(7) a list or description of persons likely to be 
affected by the Declaratory Ruling; and 

(8) a statement as to whether the petitioner 
desires to present oral argument (not to 
exceed 30 minutes) to the Commission 
prior to its decision. 

(b) The Commission shall ordinarily refuse to 
issue a Declaratory Ruling when: 

(1) the petition does not comply with Para- 
graph (a) of this Rule; 

(2) the Commission has previously issued a 
Declarator,' Ruling on substantially simi- 
lar facts; 

(3) the Commission has previously issued a 
Pinal Agency Decision in a contested case 
on substantially similar facts; 

(4) the facts underlying the request for a De- 
clarators' Ruling were specifically consid- 
ered at the time of the adoption of the rule 
in question; or 

(5) the subject matter of the request is in- 
vohed in pending litigation. 

Statutory Authority G.S. I SOB- 17. 

SECTION .0200 - RESPONSIBILITIES OF THE 
SHERIFFS' ST.\ND.\RDS DI\ ISION 

.0204 SISPENSION: REVOCATION: OR 
DENIAL OF CERTIFICATION 

(a) The Commission shall revoke or deny the 
certification of a justice officer when the Com- 
mission fmds that the officer has committed or 
been convicted of: 

(1) a felony unless pardoned by the Governor; 
or 

(2) a crime for which the authorized punish- 
ment could have been imprisonment for 
more than two years; or 

(3) an act or any series of acts which violate 
the laws of the State of North Carolina 
and which, in the opinion of the Sheriff, 
will affect his her ability to act or carr>' 
out the office and duties of a justice offi- 
cer. 

(b) The Commission shall revoke, deny, or 
suspend the certification of a justice officer when 
the Commission fmds that the applicant for cer- 
tification or the certified officer: 

(1) has not enrolled in and satisfactorily 
completed the required basic training 



course in its entirety within a time period 
specified by the Conunission; 

(2) fails to meet any of the minimum em- 
ployment standards required by 12 NCAC 
lOB; 

(3) fails to satisfactorily complete the mini- 
mum in-ser\'ice training requirements as 
presented in 12 NCAC lOB .2000 and 
.2100; 

(4) has refused to submit to the drug screen 
specified in 12 NCAC lOB .0301 and 
.0406; 

(5) has produced a positive result of the drug 
screen specified in and administered ac- 
cording to 12 NCAC lOB .0301(6) and 12 
NCAC lOB .0406(b)(4) when the positive 
result caimot be explained to the Com- 
mission's satisfaction by a valid pre- 
scription and current medical advice. 

(c) The Commission may revoke, suspend, or 
deny the certification of a justice officer when the 
Commission fmds that the applicant for certif- 
ication or the certified officer: 

(1) has committed or been convicted of 

(A) a crime or unlawful act defmed in 12 
NCAC lOB .0103(8)(b) as a Class B mis- 
demeanor; or 

(B) four or more crimes or unlawful acts 
defmed in 12 NCAC lOB .0103(8)(a) as a 
Class A misdemeanor, each of which oc- 
curred after the date of initial certification. 

(2) has knowingly made a material misrepre- 
sentation of any information required for 
certification or accreditation; 

(3) has knowingly and designedly by any me- 
ans of false pretense, deception, defrauda- 
tion, misrepresentation or cheating 
whatsoever, obtained or attempted to ob- 
tain credit, training or certification from 
the Commission. 

Statutory Authority G.S. I7E-7. 

SECTION .0300 - MINIMUM STANDARDS FOR 
EMPLOYMENT AS A JUSTICE OFFICER 



Deputy 



.0301 MINIMUM ST.VNDARDS FOR 
JUSTICE OFFICERS 

Every Justice Officer certified as a 
Sheriff or Jailer in North Carolina shall: 

( 1 ) be a citizen of the United States; 

(2) be at least 21 years of age; 

(3) be a high school graduate, or the equivalent 
(GED); 

(4) have been fmgerprinted by the employing 
agency; 

(5) have had a medical examination by a li- 
censed physician; 



493 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(6) be ef good moral oharactor; shall have 
produced a negative result on a drug screen 
administered according to the to II owing 
specifications: 

(a) the drug screen shall be a urine test con- 
sisting of an initial test and a confirmatory 
test on an initial positive result; and 

(b) the urine specimen shall be collected as 
part of the medical examination; and 

(c) a chain of custody shall be maintained on 
the specimen from collection to the even- 
tual discarding of the specimen; and 

(d) the drugs whose use shall be tested for 
shall include at cannabis, cocaine, phen- 
cvclidine (PCP), opiates and ampheta- 
mines or their metabolites; and 

(e) the test threshold values shall be no less 
stringent than these: 

(i) Cannabis 50 ng/ml initial 

15 ng/ml GCMS (delta-9 
tetrahydro 
cannabinol-9- 
carboxylic acid) 

(ii) Opiates 300 ng/ml initial and 



liiil 

(ivi 



GCMS 

Cocaine 300 ng/ml initial 



PCP 



25 nsj ml initial and 



(v) Amphetamines 

1000 na'ml 



GCMS 



initial and 
GCMS; and 



in 



the laboratory conducting the test must be 

certified for federal workplace drug testing 

programs. A positive result which can be 

explained to the Commission's satisfac- 
tion by a valid prescription and current 

medical advice shall have the effect of a 

negative result. 
(7) notify the Standards Division in writing of 
all criminal offenses which the officer pleads 
no contest to, pleads guilty to or is found 
guilty of This shall include all criminal of- 
fenses except minor traffic offenses and shall 
specifically include any offense of Driving 
Under The Influence (DIJI) or Driving 
While Impaired (DWI). A minor traffic of- 
fense is defined, for purposes of this Sub- 
paragraph, as an otTense where the 
maximum punishment allowable is 60 days 
or less. The notifications required must 
specify the nature of the offense, the court 

in which the case was handled and the date 

of the conviction. i he notifications must 

be received by the Standards Division within Statutory Authority G.S. I7E-4. 

30 days of the date the case was disposed of 

in court. "Ihe requirements of this Subpar- 



mission and shall also apply to all applica- 
tions for certification. Officers required to 
notify the Standards Division under this 
Subparagraph shall also make the same no- 
tification to their employing or appointing 
executive officer within 20 days of the date 
the case was disposed of in court. The exe- 
cutive officer, provided he has knowledge of 
the officer's conviction(s), shall also notify 
the Division of all criminal convictions 
within 30 davs of the date the case was dis- 
posed of in court. Receipt by the Standards 
Division of a single notification, from either 
the officer or the executive officer, is suffi- 
cient notice for compliance with this Sub- 
paragraph; 

(8) ^ have a thorough background investi- 
gation conducted by the employing agency, 
to include a personal interview prior to em- 
ployment; 

(9)fS^ not have been convicted of a crime or 
crimes as specified in Rule .0307 of this 
Section. 

Statutory Authority G.S. 17E-7 . 

.0302 nOCLMEMWTION OF EDUCATIONAL 
REQUIREMENT 

(a) Each applicant shall furnish documentary 
evidence of high school, college or university 
graduation to the employing agency. Documen- 
tar>' evidence consists of diplomas from recog- 
nized public schools or approved private schools, 
colleges or universities which meet approval 
guidelines of the North Carolina Department of 
Public Instruction or a comparable out of state 
agency. 

(b) High School diplomas earned through cor- 
respondence courses are not recognized toward 
these minimum educational requirements. 

(c) Documentary evidence of completion of the 
General Educational Development Test (GED) 
shall be satisfied by a certified copy of GED test 
results showing a total score of not less than 225 
points, and a minunum score on any single test 
of 35 points. 

(d) A c e rtifi e d copy »f » military' GED diploma 
is accoptahlo. Documentary evidence of the at- 
tainment of satisfactory scores on any mihtary 
high school equivalency examination will be ac- 
ceptable as \erified by a true copy of the veteran's 
DD214. 



agraph shall be applicable at all times during 
which the officer is certified bv the Com- 



.0.104 MEDICAL EXAMINATION 

(a) Each appbcant shall complete the Com- 
mission's Medical History Statement Form (F-1) 



NORTH CAROLINA REGISTER 



494 



PROPOSED RULES 



and shall be examined by a physician or surgeon 
licensed in North Carolina to help determine 
his/her fitness in carrying out the physical re- 
quirements of the position of deputy sherifT or 
jailer. The examining physician shall record the 
results of the examination on the Medical Ex- 
amination Report 



Form 



gxaminution report 
feffft (1-2) and sign and date the form. The F-2 
form shall be valid one year from the date the 
Medical 1 Examination was completed and signed 
by the physician. I he physical examination shall 
be conducted and the Medical Examination Re- 
port Eorm (F-2) and the Medical History State- 
ment Form (F-1) shall be completed within 4-34 
4a^ prior to whichever of the following occurs 
first: 

(1) the appUcant beginning the Basic Jiiiler 
Training Course andor the Basic Law 
Enforcement Training Course; or 

(2) the applicant applying to the Commission 
for certification. 

(b) Although not presently required by these 
rules, it is recommended by the Commission that 
each candidate for the position of justice officer 
be examined by a hcensed psychiatrist or clinical 
psychologist, or be administered a psychological 
evaluation test battery, prior to employment, to 
determine his/her mental and emotional suitabil- 
ity to perform the duties of justice officer. 

Statutory Authority G.S. J7E-7. 

.0305 BACKGROLND INN ESTIGATION 

(a) Prior to the background investigation done 
by the employing agency, the applicant shall 
complete the Commission's Personal History 
Statement (F-3) to provide a basis for the inves- 
tigation. The Personal History Statement (F-3) 
submitted to the Division shall be completed no 
more than 120 days prior to: 

(1) the applicant beginning the Basic Jailer 
Training Course and or Basic Law En- 
forcement Training Course; or 

(2) the applicant applying to the Commission 
for certification. 

(b) If the Personal History Statement (F-3) was 
completed more than 120 days prior to the ap- 
pUcant applying to the Commission for certif- 
ication, the Personal History Statement (F-3) 
shall be updated or a new Personal History 
Statement (F'-3) must be completed. 

(c) The employing agency, prior to employ- 
ment, shall examine the applicant's character 
traits and habits relevant to his her performance 
as a justice officer and shall determine whether 
the applicant is of good moral character. The 
investigator shall summarize the results of the 
investigation on the form supplied by the Divi- 



sion which shall be signed and dated by the in- 
vestigator. 

Statutory Authority G.S. J7E-7. 

SECTION .0400 - CERTIFICATION OF JUSTICE 
OFFICERS 

.0406 LATERAL TRANSFER/ 
REINSTATEMENTS 

(b) In order for an officer to be certified pur- 
suant to this Rule .0406 there must be: 

(4) evidence of a negative result on a drug 
screen administered according to the fol- 
lowing specifications: 

(A) the drug screen shall be a urine test 
consisting of an initial test and a confir- 
matory test on an initial positive result; 
and 

(B) the urine specimen shall be collected as 
part of the medical examination; and 

(C) a chain of custody shall be maintained 
on the specimen from collection to the 
eventual discarding of the specimen; and 

(D) the drugs whose use shall be tested for 
shall include at cannabis, cocaine, phen- 



cvclidme (PCP), opiates 
mines or their metabolites 



and 
and 



ampheta- 



(E) the test threshold values shall be no less 

stringent than these: 
(i) Cannabis 50 ngml initial 

15 ng'ml GCMS (dclta-9 
tetrahvdro 
cannabinol-9- 
carboxylic acid) 
(ii) Opiates 300 ng/ml initial and 



(iii) Cocaine 300 ng'ml 
(iv) PCP 25 ng ml 

(v) Amphetamines 

1000 ng/ml 



GCMS 
initial 
initial and 
C}C.MS 



initial and 
GCMS; and 



(F) the laboratory conducting the test must 
be certified for federal workplace drug 
testing programs. A positive result which 
can be explained to the Commission's sa- 
tisfaction by a vaUd prescription and cur- 
rent medical ad\ice shall have the effect 
of a negative result. 

(5)f4^ compbance with the Report of Ap- 
pointment form requirement of Rule 
.0403 (a); 

(6)fr^ submitted to the Division, a copy of the 
Oath of Office for applicants requesting 
certification as a deputy sheriff: aR4 

(7)(4)' evidence of satisfactor>' completion of 
the employing agency's in-service firearms 



495 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



training and rcqualification program pur- 
suant to Sections .2000 and .2100; and 
(8) documentary evidence of high school, 
college or university graduation to the 
employing agency. Documentary evi- 
dence consists of diplomas from recog- 
ni/.cd public schools or approved private 
schools, colleges or universities which 
meet appro \al guidelines of the North 
('arolina Department of l^ublic Instruc- 
tion or a comparable out of state agency. 

Statutory Authority G.S. I7E-4; 17E-7. 

.0409 AGENCY REPORTING OF DRUG 
SCREENING RESULTS 

Each agency shall report to the North Carolina 
Sheriffs' Education and Training Standards Divi- 
sion all positive results of drug screening obtained 
pursuant to 12 NCAC lOB .0301(6) and 
.0406(b)(4). 

Statutory Authority G.S. I7E-4; I7E-7. 

SECTION .0500 - MINIMUM STAND.ARDS OF 
TRAINING FOR DEPUTY SHERIFFS 

.0502 B.VSIC LAW ENFORCEMENT TRAINING 
COURSE FOR DEPl IIES 

(a) The Commission hereby adopts as its re- 
quired minimum Basic recruit \ji\v Enforcement 
Training Course Aii 422 hours of instruction to 
include the following identified topic areas and 
minimum instructional hours for each area: 



(1) Course Orientation 

(2) Constitutional Law 

(3) Laws of yVrrest, Search 
and Seizure 

(4) Mechanics of Arrest; 
Arrest Procedure 

(5) Law Enforcement 
Communications and 
Information Systems 

(6) Elements of Criminal Law 

(7) Defensive Tactics 

(8) Juvenile I^ws and 
Procedures 

(9) Emergency Medical Services 

(10) Eirearms 

(11) Patrol Techniques 

(12) Crime Prevention Techniques 

(13) Eield Notctaking and 
Report Writing 

( 14) Mechanics of Arrest: 
Vehicle Stops 

( 1 5) Mechanics of Arrest: 
Custody Procedures 

(16) Mechanics of /Vrrest: 
Processing Arrestee 



2 hours 
4 hours 

16 hours 

8 hours 



4 hours 
24 hours 
16 hours 

8 hours 
24 hours 
40 hours 
16 hours 

4 hours 

12 hours 
6 hours 
2 hours 
4 hours 



(17 
(18 
(19 
(20 
(21 

(22; 

(23 

(24; 

(25 
(26 

(27 

(28 

(29 

(30 
(31 

(32 
(33 



Crisis Management 

Special Populations 

Civil Disorders 

Criminal Investigation 

Intcr\icws: Eield and 
In-Custody 

Controlled Substances 

ABC Laws and Procedures 

Electrical and Hazardous 
Material Emergencies 

Motor Vehicle l^w 

Techniques of Traffic 
Law Enforcement 

Law Enforcement Driver 
Training 

Preparing Eor Court and 
Testifying in Court 

Dealing with Victims 
and the Public 

Civil Process 

Supplemental Custody 
Procedures 

Physical Fitness Training 

Testing 



10 hours 

12 hours 

8 hours 

28 hours 


8 hours 

6 hours 

es 4 hours 


6 hours 
20 hours 


6 hours 


16 hours 


12 hours 


8 hours 
24 hours 


8 hours 

43 hours 

+4 B hours 



TOTAL HOURS 40^ 422 hours 

(b) The "Basic Recruit I^w Enforcement 
Training Manual" as published by the North 
Carolina Justice Academy is hereby adopted by 
reference, and shall automatically include any la- 
ter amendments and editions of the adopted 
matter as authorized by G.S. 1 SOB- 14(c), to ap- 
ply as the basic curriculum for this Basic rocruit 
Law Enforcement Training Course. 

(c) Consistent with the curriculum develop- 
ment policy of the Commission, the Commission 
shall designate the developer of the Basic Rocruit 
Law Enforcement Training Course curricula and 
such designation shall be deemed by the Com- 
mission as approval for the developer to conduct 
pilot Basic Rocruit Law Enforcement Training 
Courses. Individuals who successfully complete 
such a pilot Basic Law Enforcement Training 
Course offering shall be deemed to have success- 
fuUy complied with and satisfied the minimum 
training requirement. 

(d) The rules governing Minimum Standards 
for Completion of Training, codified as Title 12, 
Subchapter 9B, Section .0400 of the North Ca- 
rolina Administrative Code, and previously 
adopted by the North Carolina Criminal Justice 
Education and Training Standards Commission, 
are hereby adopted by reference, and shall, auto- 
matically include any later amendments and edi- 
tions of the adopted matter as authorized by 
General Statute 1 SOB- 14(c) to apply to actions 
of the North Carolina Sheriffs' Education and 
Training Standards Commission. 



NORTH CAROLINA REGISTER 



496 



PROPOSED RULES 



Statutory Authority G.S. l7E-4(a). 

.0505 EVAI.LA HON FOR TKAIMNG WAIVKR 

(a) The Division staff shall evaluate each dep- 
uty's training and experience to determine if 
equivalent training has been satisfactorily com- 
pleted as specified in Rule .0504(a). Apphcants 
for certification with prior law enforcement ex- 
perience shall have been employed in a full-time, 
sworn law enforcement position in order to be 
considered for training evaluation under this 
Rule. Applicants for certification with a combi- 
nation of full-time and part-time experience shall 
be evaluated on the basis of the full-time experi- 
ence only. The following rules shall be used by 
Division staff in evaluating a deputy's training 
and experience to determine eligibility for a 
waiver of training. 

(1) Persons who separated from a sworn law 
enforcement position during their proba- 
tionary period after having completed a 
commission-accredited basic training pro 
gram Basic l.aw Enforcement Training 
Course and who have been separated 
from a sworn law enforcement position 
for more than one year shall complete a 
subsequent commission-accredited baoio 
training program Basic Law rmforcemcnt 
Training Course in its entirety and suc- 
cessfully pass the State Comprehensive 
Examination within the 12 month proba- 
tionary period as prescribed in 12 NCAC 
lOB .d503(a). 

(2) Persons who separated from a sworn law 
enforcement position during their proba- 
tionary period after having completed a 
commission-accredited basic training pro 
gram Basic Law Enforcement Training 
Course and who have been separated 
from a sworn law enforcement position 
for one year or less shall serve a new 12 
month probationarv' period, but need not 
complete an additional training program. 

(3) Out-of-state transferees shall be evaluated 
to determine the amount and quality of 
their training and experience. Out-of- 
state transferees: 

(A) shall have a minimum of two years 
full-time sworn law enforcement experi- 
ence; 

(B) shall not have a break in service ex- 
ceeding »fw year: two years; and 

(C) shall have successfully completed the 
Basic rocruit L^w Enforcement Training 
Course accredited by the state from which 
he/she is transferring. Out-of-state trans- 
ferees meeting these requirements shall 
successfully complete a commission-ac- 



credited basic training program Basic I^w 
Enforcement IVaining Course which in- 
cludes the following topics of North Ca- 
roUna law and procedure and successfully 
pass the State Comprehensive Examina- 
tion in its entirety within the 12 month 
probationary period as prescribed in 12 
NCAC lOB .0503(a). 
(i) Laws of yVrrest, Search 

and Seizure 1 6 hours 

(ii) Elements of Criminal 

Law 24 hours 

(iii) Juvenile Laws and 

Procedures 8 hours 

(iv) Controlled Substances 6 hours 

(v) ABC Laws and 

Procedures 4 hours 

(vi) Motor Vehicle Laws 20 hours 

(vii) Civil Process 24 hours 

(viii) Supplemental Custody 

Procedures 8 hours 

(ix) Firearms Qualification 

(Handgun and Shotgun 

Courses) 

TOTAL HOURS 110 hours 

(4) Persons previously holding Grandfather 
law enforcement certification in accord- 
ance with G.S. 17C- 10(a) or G.S. 
17E-7(a) who have been separated from a 
sworn law enforcement position for more 
than one year and who have not previ- 
ously completed a minimum basic law 
onforcomont training program Basic Law 
Enforcement Training Course accredited 
by the North Carolina Criminal Justice 
Education and Training Standards Com- 
mission and/or the North Carolina Sher- 
iffs' Education and Training Standards 
Commission shall be required to complete 
a commission-accredited basic training 
program Basic L aw Enforcement Training 
Course in its entirety and successfully pass 
the State Comprehensive Examination 
within the 12 month probationary period 
as prescribed in 12 NCAC lOB .0503(a). 

(5) Persons who have completed a minimum 
160-hour basic law onforcomont training 
program Basic I aw Enforcement Training 
Course accredited by the North Carolina 
Criminal Justice Training and Standards 
Council under guidelines administered 
beginning on July 1, 1973 and continuing 
through September 30, 1978 and who 
have been separated from a sworn law 
enforcement position for more than one 
year but no more than two years shall be 
required to complete the following por- 
tions of a commission-accredited basic 



497 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



tminini* program Basic I aw rnforccment 
Training Course and successfully pass the 
State Comprehensive I'xamination within 
the 12 month probationary' period as pre- 
scribed in 12 NCAC lOB .0503(a). 

(A) Juvenile Law and Procedures 8 hours 

(B) Laws of /Vrrcst, Search 

and Seizure 16 hours 

(C) Elements of Criminal 

Law 24 hours 

(D) Controlled Substances 6 hours 

(E) ABC laws and 

Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Law Enforcement 

Driver Training 1 6 hours 

(11) Civil Process 24 hours 

(I) Supplemental Custody 

Procedures 8 hours 

(J) Eirearms Qualification 

(Handgun and Shotgun 

Courses) 

TOTAL HOURS 126 hours 

(6) Persons who have completed a minimum 
160-hour bar . ic l*w onforcomont training 
program Basic I aw Enforcement Training 
Course accredited by the North Carolina 
Criminal Justice Training and Standards 
Council under guidelines administered 
beginning on July 1, 1973 and continuing 
through September 30, 1978 and who 
have been separated from a sworn law 
enforcement position for more than two 
years shall be required to complete a 
commission-accredited baf . ic training f>fe- 
gram Basic La\\' Enforcement Training 
Course in its entirety regardless of training 
and experience and successfully pass the 
State Comprehensive Examination within 
the 12 month probationarv period as pre- 
scribed in 12 NCAC lOB '0503(a). 

(7) Persons who have completed a minimum 
240-hour ban . ic ktw L'nforcijmL'nt training 
courr . Q Basic 1 aw Enforcement Training 
Course accredited by the North (Carolina 
Criminal Justice Education and Training 
Standards Commission and the North 
CaroUna Sheriffs' Education and Training 
Standards Commission under guidelines 
administered beginning October 1, 1978 
and continuing through September 30, 
1984 and who have been separated from 
a sworn law enforcement position for over 
one year but no more than three years 
shall be required to complete the follow- 
ing portions of a commission-accredited 
baf . ic training program Basic I aw En- 
forccment Training Course and success- 



fully pass the State Comprehensive 
Examination within the 12 month proba- 
tionary period as prescribed in 12 NCAC 
lOB .0503(a). 

(A) Laws of Arrest, Search 

and Seizure 16 hours 

(B) Elements of Criminal 

Law 24 hours 

(C) Ju\enile Laws and 

Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and 

Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Ci\il Process 24 hours 
(H) Supplemental Custody 

Procedures 8 hours 

(I) Eirearms Qualification 
(Handgun and Shotgun 
Courses) 

TOTAL HOURS 110 hours 

(8) Persons who have completed a minimum 
240-hour bacic law onforcomont training 
couroe Basic Law Enforcement Training 
Course accredited by the North Carolina 
Criminal Justice Education and Training 
Standards Commission and the North 
Carolina Sheriffs' Education and Training 
Standards Commission under guidelines 
administered beginning October 1, 1978 
and continuing through September 30, 
1984 and who have been separated from 
a sworn law enforcement position for 
more than three years shall be required to 
complete a commission-accredited baoic 
training program Basic Law Enforcement 
Training Course in its entirety regardless 
of prior training and experience and suc- 
cessfully pass the State Comprehensive 
Examination within the 12 month proba- 
tionary' period as prescribed in 12 NCAC 
lOB .d503(a). 

(9) Persons who have completed a minimum 
381 hour baoio law onforcomont training 
cour - i e Basic I aw Enforcement Training 
Course accredited by the North Carolina 
Sheriffs' Education and Training Stand- 
ards Commission under guidelines ad- 
ministered beginning October 1, 1984 and 
ending December 31, 1988 and who have 
been separated from a sworn law enforce- 
ment position for over one year but no 
more than three years shall be required to 
complete the following portions of a 
commission-accredited baric training pro 
gram Basic Law Enforcement Training 
Course and successfully pass the State 
Comprehensive Examination within the 



NORTH CAROLINA REGISTER 



498 



PROPOSED RULES 



12 month probationarv 


period as pre- 


scnbcdm 12NCAC lOB 


.05()3(a). 


(A) Laws of Arrest, Search 




and Seizure 


16 hours 


(B) Elements of Criminal 




Law 


24 hours 


(C) Juvenile Laws and 




Procedures 


8 hours 


(D) Controlled Substances 


6 hours 


(]•) ABC Uws and 




Procedures 


4 hours 


(L") Motor Vehicle Laws 


20 hours 


(G) Civil Process 


24 hours 


(II) Supplemental Custody 




Procedures 


8 hours 


(1) Firearms Qualification 




(Handgun and Shotgun 




Courses) 





TOTAL HOURS 110 hours 

(10) Persons transferring to a sheriff's depart- 
ment from another law enforcement 
agency who hold certification issued by 
the North Carolina Criminal Justice Edu- 
cation and Training Standards Commis- 
sion and who have previously completed 
a minimum 369-hour bar . ic training pro 
grajn Basic Law Lnforcement Training 
Course accredited by the North Carolina 
Criminal Justice Lducation and Training 
Standards Commission under guidelines 
administered beginning October 1, 1984 
and ending July 1, 1989 and who have 
been separated from a sworn law enforce- 
ment position for no more than one year 
shall be required to complete the follow- 
ing enumerated topics of a commission- 
accredited bac i io training program Basic 
law Fnforcement J raining Course and 
successfully pass that portion of the State 
Comprehensive Examination which deals 
with those subjects within 12 months of 
the date of their Oath of Office as pre- 
scribed in 12 NCAC lUB .0503(a). 

(A) Civil Process 24 hours 

(B) Supplemental Custody 
Procedures 8 hours 



TOTAL HOURS 32 hours 

(11) Persons who have completed a minimum 
369-hour baric taw cnforcomL'nt training 
cour '. o Basic I aw Lnforcement I'raining 
Course accredited by the North Carohna 
Cnminal Justice Education and Training 
Commission under guidelines beginning 
October 1, 1984 and endmg July I, 1989 
and who have been separated from a 
sworn law enforcement position for over 
one year but no more than three years 



shall be required to complete the follow- 
ing portions of a commission-accredited 
basic training program Basic law L'n- 
forcement Training Course and success- 
fully pass the State Comprehensive 
Examination within the 12 month proba- 
tionarv period as prescribed in 12 NCAC 
lOB .d503(a). 

(A) Laws of Arrest, Search 

and Seizure 16 hours 

(B) Elements of Criminal 

Law 24 hours 

(C) Juvenile Laws and 

Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and 

Procedures 4 hours 

(F) Motor Vehicle laws 20 hours 

(G) Civil Process 24 hours 
(II) Supplemental Custody 

Procedures 8 hours 

(I) Firearms QuaUfieation 
(Handgun and Shotgun 
Courses) 

TOTAL HOURS 110 hours 

(12) Persons who have completed a minimum 
123 hour 422-hour Basic Law Enforce- 
ment Training Course accredited by the 
North Carolina Sheriffs' Education and 
Training Standards Commission under 
guidelines administered beginning January 
1, 1989 and who have been separated 
from a sworn law enforcement position 
for over one year but no more than three 
years shall be required to complete the 
following portions of a commission-ac- 
credited baric training program Basic law 
Fnforcement Training Course and sue- 



cessfullv pass the State Con 


iprehcnsive 


Examination within the 12 mo 


nth proba- 


tionar>' period as prescribed in 


12 NCAC 


lOB .0503(a). 




(A) Laws of Arrest, Search 




and Seizure 


16 hours 


(B) Elements of Criminal 




Law 


24 hours 


(C) Juvenile Laws and 




Procedures 


8 hours 


(D) Controlled Substances 


6 hours 


(E) ABC Laws and 




Procedures 


4 hours 


(F) Motor Vehicle Laws 


20 hours 


(G) Civil Process 


24 hours 


(H) Supplemental Custody 




Procedures 


8 hours 


(I) Firearms Qualification 




(Handgun and Shotgun 




Courses) 





499 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



TOTAL HOURS 110 hours 

(13) Persons transferring to a sheriff's depart- 
ment from another law enforcement 
agency who hold certification issued by 
the North Carolina Criminal Justice Edu- 
cation and Training Standards Commis- 
sion and who have previously completed 
a commission-accredited 113 hour 
410-hour banic training program Basic 
1 aw ["nforccmcnt Training Course ac- 
credited by the North Carolina Criminal 
Justice Education and Training Standards 
Commission under guidelines adminis- 
tered beginning July 1, 1989 and who have 
been separated from a sworn law enforce- 
ment position for no more than one year 
shall be required to complete the follow- 
ing enumerated topics of a commission- 
accredited bar . ic training couroo Basic law 
Enforcement Training Course and suc- 
cessfully pass that portion of the State 
Comprehensive Examination which deals 
with those subjects within 12 months of 
the date of their Oath of Office as pre- 
scribed in 12 NCAC lOB .0503(a). 

(A) Ci\il Process 24 hours 

(B) Supplemental Custody 
Procedures 8 hours 

TOJAL HOURS 32 hours 

(14) Persons who have previously completed 
a minimum 112 hour 410-hour Basic Law 
Enforcement Training Course accredited 
by the North Carolina Criminal Justice 
Education and Training Standards Com- 
mission under guidelines administered be- 
ginning July 1, 1989 and who have been 
separated from a sworn law enforcement 
position for over one year but no more 
than three years shall be required to com- 
plete the following portions of a commis- 
sion-accredited hQ j ' . io training program 
Basic I aw Enforcement Training Course 
and successfully pass the State Compre- 
hensive Examination within the 12 
months probationary period as prescribed 
in 12 NCAC lOB .0503(a). 

(A) l^ws of Arrest, Search 

and Seizure 16 hours 

(B) Elements of Criminal Law 24 hours 

(C) Juvenile Laws and 

Procedures 8 hours 

(D) Controlled Substances 6 hours 

(E) ABC Laws and Procedures 4 hours 

(F) Motor Vehicle Laws 20 hours 

(G) Civil Process 24 hours 
(H) Supplemental Custody 

Procedures 8 hours 



(I) Firearms Qualification 
(Handgun and Shotgun 
Courses) 

TOTAL HOURS 110 hours 

(15) Persons who have completed training as 
a federal law enforcement officer and are 
appointed as a sworn law enforcement 
officer in North Carolina shall be required 
to complete a commission-accredited ba- 
sie training program Basic Law Enforce- 
ment Training Course in its entirety 
regardless of previous federal training and 
experience and successfully pass the State 
Comprehensive Examination within the 
12 month probationarv period as pre- 
scribed in 12 NCAC lOB .0503(a). 

(16) Persons with part-time experience who 
have been separated from a sworn law 
enforcement position for more than one 
year shall be required to complete a com- 
mission-accredited banio training program 
Basic Law Enforcement Training Course 
in its entirety and successfully pass the 
State Comprehensive Examination within 
the 12 month probationan,' period as pre- 
scribed m 12 NCAC lOB .0503(a). 

(17) Persons out of the law enforcement pro- 
fession for over three years regardless of 
prior training or experience shall complete 
a commission-accredited bauio training 
program Basic I aw Enforcement Training 
Course in its entirety and successfuUy pass 
the State Comprehensive Examination 
within the 12 month probationary period 
as prescribed in 12 NCAC lOB .0503(a). 

(18) Wildlife Enforcement Officers who com- 
pleted the Basic Law Enforcement Train- 
ing prior to September 30, 1985 and are 
sworn as justice officers shall be subject 
to the evaluation rules as stated in Rule 
.0505(a)(1) through (17). 

(19) Wildlife Enforcement Officers who sepa- 



rate from employment with the Wildlife 
Enforcement Di\ision and have less than 
one year break in service, who transfer to 
a Sheriff's Department in a sworn capac- 
itv, and who completed their Basic 
Training after September 30, 1985 shall 
complete the following blocs of instruc- 
tion and pass the state exam in its entirety: 



(A) Crime Prevention 
Techniques 

(B) Mechanics of Arrest: 
Custody Procedure 

(C) Mechanics of Arrest: 



Processing Arrestee 
(D) Special Populations 



4 hours 



2 hours 



4 hours 
10 hours 



NORTH CAROLINA REGISTER 



500 



PROPOSED RULES 



(!• ) rcchniqucs of Traffic 

1 aw IntoaxTncnt 6 hours 
(1-") DcaliiTj mth Victims 

and the Public 8 hours 

((i) Ci\il Process 24 hours 
(11) Supplemental Custody 

Procedures 8 hours 

TOTAI HOIRS 66 hours 
(20) W'lkllile 1 ntorcemcnt Officers who com- 



pleted IJasic 1 a\\' 1 ntorcemcnt Training 
on or atler September 30, 1*^85 and have 
been out ot' a sworn position over one 
\car but no more than three years, and are 
sworn as a justice ot'iicer must complete 
the tollowing blocs of instructions and 
ass the state exam in its entirety dunne 



their probationar>' period. 
(/\) 1 aws of /Vrrcst Search 
and Seizure 

(B) I'lemcnts of Criminal 
I aw 

(C) Juycnilc I aws and 
Procedures 

(D) Controlled Substances 
(V) ARC 1 aws and 

Procedures 



(F) Motor Vehicle I aws 
((}) Crime Prevention 

Techniques 
(11) Mechanics of .Arrest: 



Custody Procedures 
( 1 ) Mechanics of Arrest: 



Processing Arrestees 
(.1) Special Populations 
(K) lechniques of IralTic 

I a\s 1 nforcement 
(1 ) Dealing with Victims and 

the Public 
(M) Ci\il Process 
(N) Supplemental Custody 

Procedures 

TOTAL IIOIRS 



16 hours 



24 hours 



8 hours 
6 hours 

4 hours 
20 hours 



4 hours 



2 hours 



4 hours 
1 8 hours 



6 hours 

8 hours 
24 hours 

8 hours 

146 hours 

(b) In those instances not specifically incorpo- 
rated within this Section or where an evaluation 
of the applicant's prior training and experience 
determines that required attendance in the entire 
• Ba '. ic Rocniit Training 1 aw FnforccimL'nt" Ba- 
sic I aw Pnforccmcnt Training Course course 
would be impractical, the director is authorized 
to exercise his/her discretion in determining the 
amount of training those persons shall complete 
during their probationary' period. 

Statutory Authority G.S. /7E-4; I7E-7. 

SECTION .0600 - MIMMIM STANDARDS OF 
IK.MNING lOK.IMlT.KS 



.0601 JAII.KR CERTIFICATION COURSE 

(a) This Section establishes the current mini- 
mum standard by which Sheriffs' Department 
personnel shall receive jailer training. These rules 
will sen'e to raise the level of jailer training here- 
tofore available to law enforcement officers 
across the state. The jailor training courr . e Jailer 
Certification Course shall consist of a minimum 
of 120 hours of instruction designed to provide 
the trainee with the skills and knowledge neces- 
sary to perform those tasks considered essential 
to the administration and operation of a con- 
finement facility. 

(b) Fach jailer training courco Jailer Certif- 
ication Course shall include the following identi- 
fied topic areas and approximate minimum 
instructional hours for each area: 

(1) Orientation Pretest 1 hour 

(2) Civil Liability in the Jail 1 hour 

(3) The American Jail: Its 

Origin and Development 1 hour 

(4) Legal Rights and 
Responsibilities Within the 
Corrections Fnvironment 12 hours 

(5) Processing Inmates: 
Booking, Intake, Classification 

and Release Procedures 8 hours 

(6) 'Transportation of Inmates 4 hours 

(7) Written Communication 3 hours 

(8) Introduction to the Minimum 
Standards for the Operation of 
Local Confinement Facilities 

in North Carohna 3 hours 

(9) Role Concepts, Attitudes 
and Interpersonal 
Communication 2 hours 

(10) Disciplinary Procedures 

in the Jail 2 hours 

(11) Key and Tool Control I hour 

(12) Hostage Incidents in the 

JaU 2 hour 

( 13) Stress 3 hours 

(14) Recreation and Visiting 2 hours 

( 1 5) Medical Care in the Jail 4 hours 

(16) Patrol and Fmergency 

Procedures 3 hours 

(17) Suicide and Jails 3 hours 

(18) Homosexuality and Jails 1 hour 

(19) Super\ision of Inmates 6 hours 

(20) Psychological Disorders: 
Psychotic and Neurotic 

Personality 4 hours 

(21) Contraband Searches 6 hours 

(22) Handling I-ire F'mergencies: 
Chcmistr.' and Fvacuation 4 hours 



501 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



(23) Handhng Fire nmergencies: 
Classification and 




Extinguishing 
(24) Unarmed Self Defense 


4 hours 
18 hours 


(25) Practicals 


1 hour 


(26) G4iR Standard First Aid 


8 hours 


(a;z^ ftfi4A44 


i hours 


(27)f3S4 Communicable Diseases 


3 hours 


(2S)f^ Review 

(29) Testing 

(30) F;xam 


3 hours 

3 hours 

4 hours 



TOTAL HOURS 120 hours 

Note: An officer enrolled in a Jailer Certification 
Training Course who is currently certified in 
CPR (Cardiopulmonary Ror i unoitation) Standard 
First Aid shall be exempt from that block of in- 
struction and subsequent examination. The of- 
ficer must furnish proof of current certification 
to the school director at the time of enrollment. 
All other trainees must successfully complete 
CPR. Standard First Aid, and become certified, 
during and as part of the Jailer Certification 
Course. 

(c) Consistent with the curriculum develop- 
ment policy of the Commission, the Commission 
shall designate the developer of the Jailer Certif- 
ication Course curricula and such designation 
shall be deemed by the Commission as approval 
for the developer to conduct pilot Jailer Certif- 
ication Courses. lndi\iduals who successfully 
complete such a pilot Jailer Certification Course 
olTcring shall he deemed to have successfully 
complied with and satisfied the minimum train- 
ing requirement. 

(d) The "Jailer Certification Training Manual" 
as published by the North Carolina Justice 
Academy is hereby adopted by reference and 
shall automatically include any later amendments 
and editions of the adopted matter as authorized 
by G.S. 150R- 14(c) to apply as the basic curric- 
ulum for the Jailer Certification Training Course. 

(e) The "Jailer Certification Course Manage- 
ment Ciuidc" as published by the North (\arolina 
Justice Academy is hereby adopted bv reference 
and shall automatically include any later amend- 
ments, editions of tlic adopted matter as author- 
ized bv (j.S. 150R- 14(c) to be used bv certified 
school directors in planning, implementing and 
delivering basic jailer training. F'ach certified 
school director shall be issued a copy of the guide 
at the time of certification at no cost to the ac^ 
credited school. 



Statutory Authority G.S. l7E-4(a). 

SEC! ION .0700 - MIMMLM STWn.VKDS FOR 
.ILS TICK OFFICER SCHOOLS AND TRAINING 
PROGRAMS OR COURSES OF INSTRLCIION 



.0702 ADMINISTRATION OF JUSTICE 
OFFICER SCHOOLS 

The rules covering the administration of Crimi- 
nal Justice Schools and training programs or 
courses of instruction, codified as Title 12, Sub- 
chapter 9B, Section .0200 of the North Carolina 
Administrative Code, effective and previously 
adopted by the North Carolina Criminal Justice 
Education and Training Standards Commission 
are hereby adopted by reference and shall auto- 
matically include any later amendments and edi- 
tions of the adopted matter as authorized by G.S. 
150B- 14(c) to apply to actions of the North Ca- 
rolina SherifTs' Education And Training Stand- 
ards Commission with the exception of the Jailer 
Certification Training Course. a«4 Vr444* Ae wt- 
coption »f afty roquiromont ef rofon^noo te drug 
t e sting. 

Statutory Authority G.S. I7E-4. 

SECTION .0800 - ACCREDITATION OF 

JUSTICE OFFICER SCHOOLS AND TRAINING 

COURSES 

.0802 ACCREDITATION: DELIVERY/JAILER 
CERTIFICATION TRAINING COURSE 

(a) /Vn institution or agency to be accredited to 
deliver a Jailer Certification Training Course 
must submit a Form E-7 requesting school ac- 
creditation. 

(b) School accreditation shall remain effective 
until surrendered, suspended, or revoked. 

(c) The Commission may suspend or revoke 
the accreditation of a school when it fmds that 
the school has failed to meet or to continuously 
maintain any requirement, standard or procedure 
for school accreditation or course delivery as re- 
quired by R+tio .Q703(e). Section .0700 of this 
Subchapter. 

Statutory Authority G.S. I7E-4. 

SECTION .0900 - MINIMUM STANDARDS FOR 
JUSTICE OFFICER INSTRUCTORS 

.0903 CERT: INSTRUCTORS FOR JAILER 

CERTIFICATION TRAINING COURSE 

(a) Any person participating in a commis- 
sion-accredited Jailer Certification Iraining 
Course »f program as an instructor, teacher, 
professor, lecturer, or other participant making 
presentations to the class shall first be certified 
by the Commission as an instructor. A waiver 
may be granted by the Director upon receipt of 
a written application to teach in a designated 
school. 



NORTH CAROLINA REGISTER 



502 



PROPOSED RULES 



(h) The Commission shall certify Jailer Certif- 
ication 'I'mininu Course instructors under the 
following categories: 

(1) (jcncral Jailer Instructor Certification; 

(2) Professional Lecturer Certification; or 

(3) I imited lecturer Certification as outlined 
in R+4,^ rim^ rOOOi aft4 4W4W Rules 
.()0()4. ()Q()6 and .0908 of this Section. 



Statutory Authority G.S. 17E-4. 

.0904 GENF.R.\L JAILER INSTRUCTOR 
CKRTIIICATION 

/\n applicant for General Jailer Instructor Cer- 
tification shall meet the following requirements: 

(2) Persons holding only General Jailer In- 
structor Certification may teach any topical 
areas of instruction in the commission- 
mandated course with the exception of those 
outUned m Rules .0906(c) and .0908 (a)(1) 
through f4>r (7). 

Statutory Authority G.S. I7E-4. 

.0908 LIMITKD l.ECTLRER CERTIFICATION 

(a) The Commission may issue a Limited 
Lecturer Certification to an applicant who has 
de\eloped specific or special skills by virtue of 
specific or special training. Only porr i onr . holding 
Limited Lecturer Certification m thfir tweft »f 
L ' xpt ' rti '.tf may t e ach may be issued in the follow- 
int; topic topical areas: 
■'(1) QPfe Standard First Aid; 

Q)f4% Unarmed Self Defense; 

fS^ Controlling Dir . ruptivt ' Pt -' oplc; 

(3) Handling Lire Lmergencies: Chemistry 
and Lvacuation; 

(4) Handling Fire Fmergencics: Classification 
and Fxtinguishing; 

(5) .Medical Care in the Jail; 

(6) Psychological Disorders: Psychotic and 
Neurotic Personality; 
Communicable Diseases; 



IZl 

(9)f*^ 



I ransportation of Inmates; 
Stress; 

( 10) f^ Written Communication. 
(b) To be eligible for a Limited Lecturer Cer- 
tificate for topic areas set forth in Rul e .0^^07(3), 
Rule .(l^)()8(a), the applicant must meet the qual- 
ifications as follows: 

(1) G44^ Standard First .Aid: Certified Stan- 



(^ 



dard First .Aid Instructor with the .Ameri- 
can Red Cross; f*f i\morioan Hoart 
.\ ' . '' . ' OciatiQn; 

Controlling Di ' jruptivL' People; a Special 
*rfe4 Def e n^ ' i' i L ' lactic ;. In -. tmction. c e rti 
6ir4 wrtfe Ai* North Carolina Criminal 



Juf i tice Fducation aft4 Training Standardo 
Commir . r i ion; 
(2)(44f Unarmed Self Defense; successful 
completion of N.C. Department of Cor- 
rections Specialized Instructor Training - 
Unarmed Self-Defense; certified by N.C. 
Criminal Justice Lducation and Training 
Standards Commission as specific Cor- 
rections Unarmed Self Defense Instructor; 

(3) Handling Lire I-mergencies: Chemistry 
and Evaluation ; Certified Fire Instructor; 

(4) Handling Fire L'mergencies: Classification 
and Extinguishing; Certified Lire Instruc- 
tor; 

(5) Medical Care in a Jail: A Licensed Phy- 
sician, A Family Nurse Practitioner, LPN, 
ef RN, or FMT; 

(6) Psychological Disorders: Psychotic and 
Neurotic Personality: A licensed Psychia- 
trist, Psychologist, RN. or person holding 
a degree in counseling, »f therapy, or 
mental health: 

(7) Communicable Diseases: a licensed Phy- 
sician, Lamilv Nurse Practitioner, Li- 
censed Practical Nurse (L PN), Regjstered 
Nurse ( R N ) . Physician's Assistant; 

(8)(-?^ Iransportation of Inmates: A certified 
instructor with the North Carolina Crim- 
inal Justice Fducation and Training Stan- 
dards Commission with a minimum of 
two years of related or relevant experience; 

(9) <Sj Stress; A certified instructor with the 
North Carolina Criminal Justice Educa- 
tion and Training Standards Commission 
with a minimum of two years of related 
or relcN'ant experience; 
( 1 ) (^ Written Communication; A certified 
instructor with the North Carolina Crim- 
inal Justice Education and Training Stan- 
dards Commission with a minimum of 
two years of related or relevant experience; 
or a person with a four year degree with 
a major in English. 

Statutory Authority G.S. I7E-4. 

SECTION .1000 - PROFESSIONAL 

CERTIFICATE PRO(7RAM FOR SHERIFFS AND 

DEPUTY SHERIFFS 

.1002 GENERAL PROMSIONS 

(a) In order to be eligible for one or more of 
the professional awards, a sheriff or deputy sheriff 
shall first meet the following preliminary quali- 
fications: 

(1) Be an elected or appointed sheriff or be a 
deputy sheriff who holds valid General or 
Grandfather Certification. A deputy 



503 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



sheriff serving under a probationary cer- 
tification is not eligible for consideration. 

(2) The sheriff or deputy sheriff shall be fa- 
mihar with and subscribe to the Law En- 
forcement Code of Ethics. 

(3) If the applicant is a deputy sheriff, the de- 
puty shall be a full timo sworn paid 
member of a North Carohna ShcriiT's 
Department, as certified in writing by the 
sheriff; or be an employee of an agency 
who must be sworn by the sheriff in order 
to perform his duties as certified in writing 
by the Sheriff. 

(4) I'ull timo, ptH4 Employees of a North 
Carolina Sheriff's Department who have 
successfully completed a commission-ac- 
credited Basic l^w Enforcement Training 
Course and have previously held general 
or grandfather law enforcement officer 
certification but are presently, by virtue 
of promotion or transfer, serving in non- 
sworn positions not subject to certif- 
ication are eligible to participate in the 
Professional Certificate Program. Eligi- 
bility for this exception requires contin- 
uous employment with the sheriff's 
department from the date of promotion 
or transfer from a sworn, certified position 
to the date of application for a profes- 
sional certificate. 

(5) Only training and/or experience gained in 
an officer's area of expertise will be eligible 
for appbcation to this program. 

(b) Certificates are awarded based upon a for- 
mula which combines formal education, law en- 
forcement training, and actual experience as a law 
enforcement officer. These professional certif- 
icates are appropriate for full time, sworn sheriffs 
and deputy sheriffs. Points are computed in the 
following manner: 

(1) Each semester hour of college credit shall 
equal one point and each quarter hour 
shall equal two-thirds of a point; 

(2) Twenty classroom hours of commission- 
approved law enforcement training shall 
equal one point; 

(3) Only experience as a full timo, sworn pai4 
member of a law enforcement agency or 
equivalent experience shall be acceptable 
for consideration. 

Statutory Authority G.S. I7E-4. 

section .1 100 - justice officers' service 
award pro(.ram 

.1102 (;enkral provisions 



(a) In order to be eligible for one or more of 
the service awards, a Justice Officer or Sheriff 
shall first meet the following preliminary quali- 
fications: 

(1) Be an elected or appointed sheriff or be a 

justice officer shall heW that holds a valid 
general or grandfather certification. An 
officer serving under a probationary cer- 
tification is not eligible for consideration. 

(2) The Sheriff or justice officer shall be fa- 
miliar with and subscribe to the Law En- 
forcement Code of lithics. 

(^ 44^ justic e offic e r bhall h% a full tim e eef- 
tifiod, pai4 mombor ©f » North Carolina 
Sheriff's Dopartmont, as c e rtifi e d m writ 
i«g by the sheriff. 

(3)f4^ Also, full timo, paid employees of a 
North Carolina Sheriff's Department who 
have previously held certification, but are 
presently, by virtue of promotion or 
transfer, serving in positions not subject 
to certification are eligible to participate 
in the service award program. Eligibility 
for this exception requires continuous 
employment with a sheriff's department 
from the date of promotion or transfer 
from a certified position to the date of 
application for a service award as certified 
in writing by the Sheriff. 

(b) Only experience as a lull time, certified paid 
member of a law enforcement agency or experi- 
ence as an elected or appointed sheriff shall be 
acceptable for consideration. 

Statutory Authority G.S. I7E-4. 

.1 103 intermediate service award 

In addition to the qualifications set forth in 
Rule .1 102 an applicant must have served a mi- 
nimum of 15 years as a full timo. certified justice 
officer; or elected or appointed sheriff. 

Statutory Authority G.S. I7E-4. 

TI04 ADVANCED SERMCE AWARD 

In addition to the qualifications set forth in 
Rule .1 102 an applicant must have served a mi- 
nimum of 20 years as a full timo, certified justice 
officer; or elected or appointed sheriff. 

Statutory Authority G.S. I7E-4. 

SECTION .1200 - professional 
CERTIFICATE PROCRAM FOR .lAILERS 

.1201 PI R POSE 

In order to recognize the level of competence 
of jailers scr\'ing the Sheriffs' departments of 



NORTH CAROLINA REGISTER 



504 



PROPOSED RULES 



North Carolina, to foster increased interest in 
college education and professional law enforce- 
ment training programs and to attract highly 
qualified individuals into a law enforcement ca- 
reer, the North Carolina Sheriffs' liducation and 
Training Standards Commission established the 
Professional Certificate Program for Jailers. 

Statutory! Aulhorily G.S. I7E-4. 

.1202 (;K\F.KAL I'KOMSIONS 

(a) In order to be eligible for one or more of 
the jailer professional awards, a jailer shall first 
meet the following preUminar>' qualifications: 

(1) Be a jailer who holds valid general or 
grandfather certification. i\ jailer serving 
under a probationary certification is not 
eligible for consideration. 

(2) The jailer shall be familiar with and sub- 
scribe to the Law I'nforcemcnt Code of 
l:thics. 

(3) lull-time, paid employees of a North Ca- 
rolina SheritT's Department who have 
previously held general or grandfather 
jailer certification but are presently, by 
\irtue of promotion or transfer, serving in 
positions not subject to certification are 
eligible to participate in the Professional 
Certificate Program. Eligibility for this 
exception requires continuous employ- 
ment with the sheriff's department from 
the date of promotion or transfer from a 
certified position to the date of apphcation 
for a professional certificate. 

(4) Only training and or experience gained in 
an officer's area of expertise will be eligible 
for application to this program. 

(b) Certificates are awarded based upon a for- 
mula which combines formal education, training, 
and actual experience as a jailer. These profes- 
sional certificates are appropriate. Points are 
computed in the following manner: 

(1) Hach semester hour of college credit shall 
equal one point and each quarter hour 
shall equal two thirds of a point; 

(2) Twenty classroom hours of commission- 
approved training shall equal one point; 

(3) Only experience as a member of a law 
enforcement agency or equivalent experi- 
ence shall be acceptable for consideration. 

Staiutory Aulhorily G.S. nE-4. 

.1203 B.\S1C.I.\ILF.R PROFKSSION \L 
CERTinC.VTE 

In addition to the qualifications set forth in 
Rule .1202, an applicant for the Basic Jailer 
Professional Certificate shall have no less than 



one year of service, and shall have completed an 
accredited Jailer Certification Course or the 
equivalent as determined by the Commission. 

Statutory Authority G.S. I7E-4. 

.1204 INTERMEDIATE JAILER 

PROFESSIONAL CERTIFICATE 

(a) In addition to the qualifications set forth in 
Rule .1202, applicants for the Intermediate Jailer 
Professional Certificate shall possess or be eligi- 
ble to possess the Basic Jailer Professional Cer- 
tificate and shall have acquired the following 
combination of educational points or degrees, 
training points and years of jailer experience: 

Educational Degrees 

Years of Jailer 

Experience 8 6 4 



Minimum Training 
Points 



Minimum Total 
Education and Training 
Points 



13 23 33 



i\A, AS 
4 



AB/BS 

2 



24 



23 



24 



23 



(b) Educational points claimed shall have been 
earned at a technical institute, technical college, 
community coUege, junior college, college or 
university accredited as such by the Department 
of Education of the state in which the institution 
is located, the recognb.cd national accrediting 
body, or the state university of the state in which 
the institution is located. 

Statutoty .Authority G.S. I7E-4. 

.1205 AONANCED .I.MLER PROFESSIONAL 
(ERIIFICAFE 

(a) In addition to the qualifications set forth in 
Rule .1202, applicants for the Advanced Jailer 
Professional Certificate shall possess or be eUgi- 
ble to possess the Intermediate Jailer Professional 
Certificate and shall have acquired the following 
combination of educational points or degrees, 



505 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



training points and years of law enforcement ex- 
perience: 

Educational Degrees 

Years of Jailer 

Experience 12 9 



Minimum Training 
Points 



Minimum Total 

Education and Training 

Points 23 33 





A/AS 
9 


ABBS 
6 


GRAD./PRO. 
4 


27 


26 


26 


27 


26 


26 



(b) Educational points claimed shall have been 
earned at a technical institute, technical college, 
community college, junior college, college or 
university accredited as such by the Department 
of Education of the state in which the institution 
is located, the appropriate recognized accrediting 
body, or the state university of the state in which 
the institution is located. 

Statutory Authority G.S. I7E-4. 

.1206 now TO APPLY 

(a) All applicants for an award of the Basic, 
Intermediate or Advanced Certificates shall 
complete an "Application: Professional 
Certificate/Service Award", (E-6). 

(b) Documentation of education and training 
shall be provided by copies of transcripts, diplo- 
mas. Report of Training Course Completion, 
agency training records, or other verifying docu- 
ments attached to the application. 

(c) The applicant shall submit the "Applica- 
tion: Professional Certificate, Service Award", 
(E-6) to his sheriff who shall attach his recom- 
mendation and forward the application to the 
Commission. Certificates will be issued to the 
sheriff for award to the applicant. 

Statutory Authority G.S. I7E-4. 



SECTION .2000 - IN-SKRVICE TRAINING FOR 
JLSTICE on ICKRS 

.2001 PLRPOSE 

In order to ensure a minimum level of profi- 
ciency in specific topical areas for justice officers 
serving the sheriffs' departments within the state 
the Commission estabhshes the Justice Officers' 
j\imual In-Service Training Program. 

Statutory Authority G.S. I7E-4: I7E-7. 

.2002 TOPICAL AREAS 

The following topical area(s) are hereby estab- 
lished as minimum topics to be included in the 
Justice Officers' iAnnual In-Service Training 
Program: 

(1) Firearms Training and Requalification. 

(2) Training for Grandfathered Jailers. 

Statutory Authority G.S. 17E-4; I7E-7. 

SECTION .2100 - JUSTICE OFFICERS' 

FIREARMS IN-SERVICE TRAINING 

REQLALIFICATION PROGRAM 

.2104 IN-SERMCE FIREARMS 

REQLALIFICATION SPECIFICATIONS 

(a) All justice officers who are authorized by 
the sheriff to carr>' a handgun shaU qualify a mi- 
nimum of once each year with each handgun that 
the officer is authorized to carr>' while on duty 
on a commission-approved day and night course 
as follows: 

(1) Day course of fire should include at a mi- 
nimum but not Umited to 30 rounds using 
duty ammunition or duty-type ammuni- 
tion with the same specifications as those 
found in the duty ammunition authorized 
by the Department for the specific 
weapon; firing six rounds from three 
yards; 12 rounds from seven yards; six 
rounds from 1 5 yards; six rounds from 25 
yards. Eiring should be timed firing (i.e., 
draw and fire two rounds in three sec- 
onds). Eiring should be from a variety of 
positions. [Example: standing, kneeling, 
prone (using various cover positions).] 

(2) Night course of fire should include at a 
minimum but not limited to 30 rounds 
firing six rounds using duty ammunition 
or duty-type ammunition with the same 
specifications as those found in the duty 
ammunition authorized by the Depart- 
ment for the specific weapon; from three 
yards; six rounds from five yards; 12 
rounds from seven yards; and six rounds 
from 15 yards. Eiring should be timed 
firing (i.e., draw and fire two rounds in 



NORTH CAROLINA REGISTER 



506 



PROPOSED RULES 



three seconds). Firing should be from a 
variety of positions. [I'xample: standing, 
kncehng, prone (various cover positions).) 
lairing must occur under various light 
conditions to include total darkness; vehi- 
cle blue light; vehicle head light; and all 
available lights, 
(b) All justice officers who arc issued or have 
access to a shotgun, rifle, or automatic weapon 
shall be required to qualify with each weapon 
respectively a minimum of once each year on a 
commission-approved course of fuc as follows: 
(1) Shotgun course of fire must include at a 
minimum but not limited to a minimum 
of five rounds using duty ammunition or 
dutv-tvpe ammunition with the same 
specifications as those found in the duty 



(2) 



(3) 



ammunition authorized by the Depart- 
ment for the specific weapon; firing two 
rounds from 15 yards; three rounds from 
25 yards. 

Rifle course of fire must include at a min- 
imum but not limited to firing five rounds 
of duty ammunition; or duty-type ammu- 
nition with the same specifications as 
those found in the duty ammunition au- 
thorized by the Department for the spe- 
cific weapon; Hve- round ' , , from 2^ yards 
a«4 thn. ' t ' rounds from 50 yards. 
Automatic course of fire should include 
at a minimum but not limited to 20 
rounds at a maximum of 50 yards. 



Statutory Authority G.S. I7E-4; I7E-7. 

.2105 F.Ml.LRE TO QUALIFY 

(a) Justice officers who fail to qualify pursuant 
to Rule .2104 should immediately surrender their 
weapons to the sheriff and shall have 30 days in 
which to obtain the qualification score required 
in Rule .2104. 

(b) Failure to qualify within the 30 day time 
period allowed in Rule .2105(a) will result in the 
suspension of the justice officer's certification by 
the Commission. 

(c) No justice officer suspended under Para- 
graph (b) of this Rule may work as a certified 
justice officer until: 

(1) the sheriff forwards to the Commission 
documentary evidence verifying that the 
officer has complied with the require- 
ments of Rules .2103 and .2104; and 

(2) the justice officer and the sheriff receive 
from the Commission documentation that 
the Commission has terminated the sus- 
pension and reissued the certification to 
the suspended officer. 



(d) Any justice officer pre\iouslv unauthorized 
to carry' a vseapon but whose status changed to 
"authorized to carry a weapon." must comply 
with the provisions set out in Rules .2103 and 
.2104; and may not carry a firearm until: 

( 1) the sheriff forwards to the Commission 
documentary e\idence verifying that the 
officer has complied with the require- 
ments of Rules .2103 and .2104; and 

(2) the justice ofiicer and the sheriff receive 
from the Commission documentation that 
the Commission has amended the officer's 
status to "authorized to carry a weapon" 
and all certification files refiect the same. 

Statutory Authority G.S. I7E-4; I7E-7. 

SECTION .2200 - GRANDF.VTIIER JAILER 
CERTIFICATION TRAINING 

.2201 PURPOSE 

All Justice Officers holding grandfather certif- 
ication as a jailer and who have not completed 
the Commission-mandated 120-hour Jailer Cer- 
tification Course, are required to complete a 
Grandfather Jailer Certification Course in its en- 
tirety and successfully complete the exam. 

Statutory Authority G.S. 17E-4; I7E-7. 

.2202 COURSE CONTENT 

(a) Each Grandfather Jailer Certification 
Course shall include at a minimum the following 
identified topic areas and minimum instruction 
hours as indicated: 

(1) Orientation 2 hours 

(2) Legal Issues 7 hours 

(3) Stress 2 hours 

(4) Fire Emergencies in 

the Jail 8 hours 

(5) Suicide and Jails 8 hours 

(6) Medical Care and Jails 6 hours 

(7) Custody and Security in 

Jails 6 hours 

(8) Test 1 hour 

TOTAL 40 hours 

(b) The "Grandfather Jailer Certification 
Training Manual" as published by the North 
CaroUna Justice Academy is hereby adopted by 
reference and shall automatically include any la- 
ter amendments and editions of the adopted 
matter as authorized by G.S. 150B- 14(c) to apply 
as the basic curriculum for the Jailer Certification 
Training Course. 

(c) Consistent with the curriculum develop- 
ment policy of the Commission, the Commission 
shall designate the developer of the Jailer Certif- 
ication Course curricula and such designation 



507 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



shall be deemed by the Commission as approval 
for the developer to conduct pilot Jailer Certif- 
ication Courses. Individuals who successfully 
complete such a pilot Jailer Certification Course 
offering shall be deemed to have successfully 
compUcd with and satisfied the minimum train- 
ing requirement. 

Statutory Authority G.S. I7E-4: I7E-7. 

.2203 TIMK FOR COMPLETION OF TR.MMNG 

All Justice Officers identified in Rule .2201 of 
this Section shall attend and successfully com- 
plete a Grandfather Jailer Certification Training 
Course on or before January 1, 1993. 

Statutory Authority G.S. I7E-4: 17E-7. 

.2204 INSTRLCTORS 

Only instructors certified by the Sheriff's Edu- 
cation and Training Standards Commission may 
teach in the Grandfather Jailer Certification 
Training Course. 

Statutory Authority G.S. I7E-4; I7E-7. 

TITLE 15 - DKPARTMENT OF NATURAL 

RESOURCES ANO COMMLAH V 

DEVELOPMENT 

1\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the \RCD - Di\'ision of Coastal 
Management intends to amend rule(s) cited as 
15 \CAC 7H .1102, .1202, .1302. .1402. .1502. 
.1602. .1802. .1902; 15 NCAC 7 J .0206. 

1 he proposed effective date of this action is 
January J, 1990. 

1 he public hearing will be conducted at 10:00 
a.m. on September 28, 1989 at The Coastline 
Convention Center, 501 Nutt Street, Suite I , 
Wilmington. XC 2840/ . 



Cc 



omment Procedures: All persons interested in 
these matters are invited to attend the public 
hearing. The Coastal Resources Commission will 
receive written comments up to the date of the 
hearing. Any persons desiring to present lengthy 
comments is requested to submit a written state- 
ment for inclusion in the record of proceedings at 
the public hearing. Additional information con- 
cerning the hearing or the proposals may be ob- 
tained by contacting: Portia Rochelle. Dtiision of 
Coastal Management, P.O. Box 27687. Raleigh, 
NC 276/1-7687 (9/9) 733-2293. 



CHAPTER 7 - COASTAL MANACEMENT 

SUBCHAPTER 7H -STATE GLFDELINES FOR 
AREAS OF ENVIRONMENTAL CONCERN 

SECTION .1 100 - GENERAL PERMIT FOR 

CONSTRUCTION OF BULKHEADS AND THE 

PLACEMENT OF RIPRAP FOR SHORELINE 

PROTECTION IN ESTUARINE AND PUBLIC 

TRUST WATERS 

.(102 APPROVAL PROCEDURES 

(b) The applicant must provide: 

(1) confirmation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 
they have no objections to the proposed 
work; or 

(2) confirmation that the adjacent riparian 
propertv owners have been notified bv 
certified mail of the proposed work. Such 
notice should instruct adjacent propertv 
owners to pro\ide anv comments on the 
proposed de\elopment in writing for con- 
sideration by permitting oflicials to the 
Division of Coastal .Management within 
ten days of receipt of the notice, and, in- 
dicate that no response will be interpreted 
as no objection. DC.M staff will review 
all comments and determine, based on 
their relevance to the potential impacts of 
the proposed project, if the proposed 
project can be approved bv a General 
Permit. If PCM staff finds" that the 
comments are worthv of more in-depth 
review, the applicant uill be notified that 
he must submit an application for a major 
development permit. 

Statutory Authority G.S. / l3A-/07(a); 
/l3A-/07(b): //3A-'//3(b); //3A-//8./; //3A- 
/24. 

SECTION .1200 - GENERAL PERMIT FOR 

CONSTRUCTION OF PIERS: DOCKS: AND 

BOAT HOUSES IN ESTUARINE AND PUBLIC 

TRUST WATERS 

.1202 APPROVAL PROCEDURES 

(a) The applicant must contact the Offic e Di- 
vision of Coastal Management and complete an 
application form requesting approval for de\el- 
opment. The applicant shall provide informa- 
tion on site location, dimensions of the project 
area, and his name and address. 

(b) The applicant must provide: 

( 1) confirmation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 



NORTH CAROLINA REGISTER 



508 



PROPOSED RULES 



they have no objections to the proposed 
work; or 
(2) conrirmation that the adjacent riparian 
property owners have been notitied by 
cert i tied mail ot the proposed work. Such 
notice should instruct adjacent property 
owners to provide any comments on the 
proposed de\'elopment in anting for con- 
sideration hv permitting otficials to the 
l)i\isi(in of Coastal Management within 
ten da\s of receipt of the notice, and, m- 
dicate that no response will be interpreted 
as no objection. PCM stalf vsill review 
all comments and determine, based on 
their relevance to the potential impacts of 
the proposed project, if the proposed 
project can be approsed by a Cieneral 
Pennit. If PCM staff finds that the 
comments are worthy of more in-depth 
review, the applicant will be notified that 
he must submit an application for a major 
development pennit. 
(c) Approval of individual projects will be ac- 
knowledged m wnting by the OfTic e Pi vision of 
Coastal Management and the appUcant shall be 
provided a copy of this Section. 

Statutorv Authohtv G.S. II3A-I07(a): 
ll3A-l67(b): ll3A-'ll3(b}; II3A-IIS.I: II3A- 
124. 

SECTION .1.^00 - GF.NF.RAL PERMIT TO 
MAINT.VIN: REPAIR .WD CONSTRl CT BOAT 

RAMPS ALONG ESTLARINE SHORELINES 

AND INTO ESTLARINE AND PLBLIC TRLST 

WATERS 

.1302 APPROVAL PROCEDl RES 

(a) The applicant must contact the OtTico Pi- 
vision of Coastal Management and complete an 
application form requesting approval for devel- 
opment. The applicant shall provide informa- 
tion on site location, dimensions of the project 
area, and his name and address. 

(b) The applicant must pro\ide: 

(1) confinnation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 
they have no objections to the proposed 
work; or 

(2) confirmation that the adjacent riparian 
propeilN' owners ha\e been notitied by 
certified mail of the proposed work. Such 
notice should instnict adjacent property 
owners to provide any comments on the 
proposed de\elopment in wnting for con- 
sideration bv permitting olficials to the 
Pi\ision of Coastal Management within 
ten da\s of receipt of the notice, and, in- 



dicate that no response will be interpreted 
as no objection. P(^M staff will review 
all comments and determine, based on 
their relevance to the potential impacts of 
the proposed project, if the proposed 
project can be approved bv a (leneral 
Permit. ]f PCM staff finds that the 
comments are worthy of more in-depth 
re\'iew, the applicant will be notified that 
he must submit an application for a major 
development permit. 
(c) No work shall begin until an on-site meet- 
ing is held with the applicant and appropriate 
Offico Pi vision of Coastal Management repre- 
sentative so that the proposed boat ramp ahgn- 
ment can be appropriately marked. Written 
authorization to proceed with the proposed de- 
velopment will be issued during this visit. Con- 
struction of the boat ramp structure must begin 
witliin 90 days of this visit or the general au- 
thorization expires. 

Statutorv Authority G.S. II3A-I07(a); 
ll3A-l67(b); ll3A-'ll3(b): II3A-IIS.I; II3A- 
124. 

SECTION .1400 - GENERAL PERMI I EOR 
CONSTRLCI ION OF \\ OODEN GROINS IN 
ESTLARINE AND PLBLIC TRLST WATERS 

.1402 APPROVAL PROCEDLRES 

(b) Ihe apphcant must provide: 

(1) confirmation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 
they have no objections to the proposed 
work; or 

(2) confirmation that the adjacent riparian 
property owners have been notified by 
certified mail of the proposed work. Such 
notice should instruct adjacent property 
owners to provide any comments on the 
proposed de\elopment in writing for con- 
sideration by permitting olTicials to the 
Pi\'ision of Coastal Management within 
ten days of receipt of the notice, and, in- 
dicate that no response will be interpreted 
as no objection. PCM staff will review 
all comments and determine, based on 
their relevance to the potential impacts of 
the proposed project, \j_ the proposed 
project can be appro\ed bv a Cieneral 
Pennit. If PCM staff finds" that the 
comments are worthy of more in-depth 
re\iew, the applicant will be notified that 
he must submit an application for a major 
de\clopment permit. 



509 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



Statutory Authority G.S. I ISA- 107 (a); 
II3A-I07(b): II3A-Il3(b); II3A-II8.I; II3A- 
124. 

SECTION .1500 - GENKRAL PERMIT FOR 

EXCAVATION WITHIN OR CONNECTING TO 

EXISTING CANALS: CHANNELS: BASINS: OR 

DITCHES IN ESTLARINE WATERS: PUBLIC 

TRLST WAI ERS: AND ESTLARINE 

SHORELINE AEC'S 

.1502 APPROVAL PROCEDURES 

(b) The applicant must provide: 
(1) confirmation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 
they have no objections to the proposed 
work; or 

confirmation that the adjacent riparian 
property owners have been notified by 
certified mail of the proposed work. Such 
notice should instruct adjacent property 
owners to provide any comments on the 
proposed development in writing for con- 
sideration by permitting olficials to the 
Division of Coastal Management within 
ten days of receipt of the notice, and, in- 
dicate that no response will be interpreted 
as no objection. DC.M staff will review 
all comments and detcnnine, based on 
their relevance to the potential impacts of 
the proposed project, if the proposed 
project can be approved by a Ciencral 
Permit. If UCM staff fmds" that the 



(21 



that tne o) 



comments are worthy of more in-depth 
review, the applicant will be notified that 
he must submit an appUcation for a major 
development permit. 

Statutory Authority G.S. I I3A-I07(a).(b); 
II3A-1 13(b); II3A-II8.I; Il3-229(cl). 

SECTION .1600 - GENERAL PERMIT FOR THE 

INSTALLATION OK AERIAL AND 

SUBAQUEOUS UTILITY LINES WITH 

ATTENDANT STRICTURES IN COASTAL 

W ETLANDS: ESTUARINE W ATERS: PUBLIC 

TRUST WAFERS AND ESTUARINE 

SHORELINES 

.1602 APPROVAL PROCEDURES 

(b) The applicant must provide: 

(1) confirmation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 
they have no objections to the proposed 
work; or 

(2) confirmation that the adjacent riparian 
property owners ha\e been notified by 
certitied mail ot' the proposed work. Such 



notice should instruct adjacent property 
owners to provide any comments on the 
proposed development in writing for con- 
sideration by permitting officials to the 
Division of Coastal Management within 
ten days of receipt of the notice, and, in- 
dicate that no response will be interpreted 
as no objection. PCM staff will review 
all comments and determine, based on 
their relevance to the potential impacts of 
the proposed project, if the proposed 
project can be approved by a (ieneral 
Permit. If DCM staff finds that the 
comments are worthy of more in-depth 
review, the applicant will be notified that 
he must submit an application for a major 
development permit. 

Statutory Authority G.S. Il3-229(cl): 
II3A-I07(a)(b); II3A-1 13(b); II3A-II8.I. 

SECTION .1800 - GENERAL PERMIT TO 

ALLOW BEACH BULLDOZING LANDWARD OF 

THE MEAN HIGH WATER MARK IN THE 

OCEAN HAZARD AEC 

.1802 APPROVAL PROCEDURES 

(b) The applicant must provide: 
( 1) confirmation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 
they have no objections to the proposed 
work; or 

confirmation that the adjacent riparian 
property owners have been notified by 
certified mail of the proposed work. Such 
notice should instruct adjacent property 
owners to provide any comments on the 
proposed development in writing for con- 
sideration by permitting olficials to the 
Division of Coastal Management within 
ten days of receipt of the notice, and, in- 
dicate that no response will be interpreted 
as no objection. DCM staff will review 
aU comments and determine, based on 
their relevance to the potential impacts of 
the proposed project, if the proposed 
project can be approved by a (ieneral 
Permit. If DCM staff fmds" that the 
comments are worthy of more in-depth 
review, the applicant will be notified that 
he must submit an application for a major 
development permit. 

Statutory Authority G. S. Il3-229(cl); 
II3A-I07(a)(b); II3A-Il3(b); II3A-II8.I. 

SECTION .1900 - GENERAL PERMIT TO 
ALLOW FOR TEMPORARY STRUCTURES 



NORTH CAROLINA REGISTER 



510 



PROPOSED RULES 



WITHIN RSTIJARINK AND OCEAN HAZARD 
AKCS 

.1902 APPROVAL PROCEDURES 

(b) The applicant must provide: 

(1) confirmation that a written statement has 
been obtained signed by the adjacent ri- 
parian property owners indicating that 
they have no objections to the proposed 
work; or 

(2) confirmation that the adjacent riparian 
property owners have been notified by 
certitied mail of the proposed work. Such 
notice should instruct adjacent property 
owners to provide any comments on the 
proposed development in wnting for con- 
sideration by pennitting officials to the 
Di\ision of Coastal Management within 
ten days of receipt of the notice, and, m- 
dicate that no response will be interpreted 
as no objection. PCM staff will review 
aU comments and determine, based on 
their relevance to the potential impacts of 
the proposed project, if the proposed 
project can be appro\ed by a Cieneral 
Permit. If PCM staff finds that the 
comments arc worthy of more in-depth 
review, the applicant will be notified that 
he must submit an application for a major 
development pennit. 

Statuton' Autlwritv G.S. Il3-229icl): 
ll3A-l67(a)(b); II3A-Il3(b); 1I3A-1I8.I. 

SLBCH.\PTER 7J - PROCEDURES FOR 

FIANDLING MAJOR DE\ ELOPMENT 

PERMITS: \ ARIANCE REQUESTS: APPEALS 

FROM MINOR DE\ ELOP.MENT PERMIT 
DECISIONS: AND DECLARATORY RULINGS 

SECTION .0200 - APPLIC.VTION PROCESS 

.0206 PUBLIC NOTICE OF THE PROPOSED 
DEVELOPMENT 

Within a reasonable time after receiving an ap- 
phcation for a major development permit, a sig- 
nificant modification to an application for a 
major permit, or an application to modit\' sub- 
stantially a previously issued major permit, the 
Pivision of Coastal Management shall issue 
public notice of the proposed development as 
provided in G.S. 113A-1 19(b). Any citizen or 
group will, upon request, be promptly sent a 
copy of the application upon payment of a rea- 
sonable fee to cover costs of copying, handling, 
and posting. 

Statutory Authority G.S. II3A-Il9(b). 



TITLE 16 - DEPARTMENT OE PUBLIC 
EDUCATION 

Jyotice is hereby given in accordance with G.S. 
I SOB- 1 2 that the Slate Board of Education in- 
tends to amend rule(s) cited as 16 NCAC 6C 
.0401 - .0405. 

I he proposed effective date of this action is De- 
cember I, I9S9. 

1 he public hearing will be conducted at 3:00 
p.m. on August 31, 1989 at 3rd Floor Conference 
Room, Education Building, 116 West Edenton 
Street, Raleigh, North Carolina 27603-1712. 

y^omment Procedures: Any interested person 
may present vie\i's and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CHAPTER 6 - ELEMENTARY AND 
SECONDAR^ EDUCATION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0400 - LEAVE 

.0401 \ ACATION LEA\ E 

(i) I OQvo muot be taken m minimum units ef 
ono half tiavr I HAs shall determine the mini- 
mum period for which employees may take leave. 

Statutory Authority G.S. I15C-272; II5C-285; 
II5C-302; II5C-3I6. 

.0402 SICK LEAVE 

(c) Employees must may take leave in mini- 
mum units ©fte-hatf »f » w**fk*}T*vr as established 
by the LEA. 

(h) Ihe LEA shall credit an employee who se- 
parates from service and returns within ^ 60 
months with all sick leave accumulated to the 
time of separation. 

(i) An employee may be absent due to personal 
illness for u£ to 20 work days in excess of accu- 
mulated sick lea\e. .After the 20 day period, the 
LE.A shall place the employee on leave of ab- 
sence without pay for u£ to jS calendar months. 
The superintendent ma>- require a doctor's cer- 
tificate or other acceptable proof of the reason for 
the absence. 

Statutory Authority G.S. J15C-/2(S); II5C-336. 

.0403 SUBSTITUTES 

fg^ A toach e r mm- be abr . ont 4«e \» porf . onal 
illno&G fof Hf> to ^ tu'aching day* wt e xce^ . s »f ae- 
cumulatod siel* leaver After t+H» 30 day period. 



511 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



t4*e I I';j\ phall placxi A» employ ee e» loavo ef 
abnonco without pay fof «{» te +S calendar 
months. 44^ r i uporintL ' ndcnt may roquiro a doc 
tor's cortificato »f oth e r accoptablo proof »f tb» 
roason fof U*» abf .e nc e . 

(g) (4+^ Teachers earn personal leave at the rate 
of ono half 4ay fof qs'op . ' twe aft4 one half 
months 20 days for each full month of employ- 
ment and may accumulate -five personal leave 
days. Teachers may transfer these days between 
LEAs. A teacher who requests personal leave 
at least five days in advance of the date desired 
is not required to give a reason for the leave. 
No teacher may take personal leave on the first 
day teachers are required to report for the school 
year, required teacher workdays, the day before 
or the day after holidays or scheduled vacation 
days, except as approved by the principal. The 
LEA shall credit a teacher who has separated 
from service as re-employed within ^ 60 months 
from the date of separation with all personal 
leave, up to the five-day ma.ximum, accumulated 
at the time of separation. The LEA may not 
advance personal leave beyond that which a 
teacher earns. Teachers may take personal leave 
in minimum units as established by the LEA. 

Statutory Authority G.S. H5C-I2(8). 

.0404 LEAVE WITH PAY 

The LEA will not make deductions from public 
school employees' salaries in the following cases: 

(10) L'pon recommendation of the superinten- 
dent, the L!:A may grant leave with pa\- for 
elected officers of professional organizations, 
provided the organization pays the fuU salary 
and all benefit costs for the employee on 
leave. 

Authority G.S. 1 1 5C- 1 2(8); II5C-408; N.C. 
Constitution, Article IX, Sec. 5. 

.0405 LEAVE VVITHOLT PAY 

Whenever possible, public school employees 
shall give advance notice of requests for leaves 
of absence, subject to rules of the LEA. LEAs 
may determine the beginning or ending date of 
leaves of absence, except for military leave. 
LEAs may provide educational leave, but they 
may not use state funds for this purpose. LEAs 
may allow leaves of absence for permanent em- 
ployees as follows: 
(2) An employee is granted a leave of absence 
without pay up to one calendar year for the 
birth or adoption of a child. This period 
may, with the approval of the LEA, be c\^ 
tended for the remainder of the school year 



when the leave would otherwise end in the 
latter half of the school year. 

Authority G.S. II5C-I2(8); II5C-408; N.C. 
Constitution, Article IX, Sec. 5. 

****************** 



I\ otice is hereby given in accordance with G.S. 
1 508- 1 2 that the State Board of Education in- 
tends to amend rule(s) cited as 16 NCAC 6E 
.0202. 

1 he proposed effective date of this action is July 
I, 1990. 

1 he public hearing will be conducted at 2:00 
p.m. on August 31, 1989 at 3rd Floor Conference 
Room, Education Building, 116 West Edenton 
Street, Raleigh, North Carolina 27603-1712. 



Co 



omment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

SUBCHAPTER 6E - STUDENTS 

SECTION .0200 - SCHOOL ATHLETICS AND 
SPORTS MEDICINE 

.0202 SCHOOL ATHLETICS AND SPORTS 
MEDICINE 

(a) Only students in grades 7-12 may partic- 
ipate in interscholastic athletic competition. In 
order to qualify for public school participation, 
a student must meet the following requirements: 
(3) The student must pass at least fo«f five 
courses each semester and meet pro- 



motion standards established by the LEA. 

Statutory Authority G.S. ll5C-47(4). 

TITLE 21 - OCCLPATIONAL LICENSING 
BOARD 



ly otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Licensing Board 
for General Contractors intends to amend rule(s) 
cited as 21 NCAC 12 .0204, .0503, .0504. 

1 he proposed effective dale of this action is De- 
cember I, 1989. 

1 he public hearing will be conducted at 9:30 
a.m. on August 3! , 1989 at State Room, North 
Carolina State University faculty Club, 4200 
Hillsborough Street, Raleigh, North Carolina. 



NORTH CAROLINA REGISTER 



512 



PROPOSED RULES 



Cc 



' ommenl Procedures: Persons wishing to pres- 
ent oral data, views or arguments on a proposed 
rule may file a notice with the Board at least 10 
days prior to the public hearing. Any person may 
also file a written submission containing data, 
comments or arguments at any lime until 10 days 
afier the hearing. Submissions should be mailed 
to the Board al: P.O. Box 17187. Raleigh, North 
Carolina 27619. 

CHAI'IKR 12 - LICKNSING BOARD FOR 
GENERAL CONTRACTORS 

SECTION .0200 - LICENSING REQUIREMENTS 

.0204 ELIGIBILITY 

(a) Limited License. The applicant for such a 
license must: 

(1) Be entitled to be admitted to the exam- 
ination given by the Board in light of the 
requirements set out in G.S. 87-10 and 
Section .0400 of this Chapter; 

(2) Be fmanciallv stable to the extent that the 
total current assets of the applicant or the 
finn or corporation he represents exceed 
the total current liabilities by at least ten 
thousand dollars (110.000): 

(.^)f^ Possess the competency and the ability, 
as revealed by the applicant's experience 
and education to engage in the practice of 
general contracting within a specified 
classification or classifications in order to 
successfully complete a single project of a 
value of less than or equal to one hundred 
seventy-five thousand dollars ($175,000), 
such competency and ability being deter- 
mined in the sole discretion of the Board; 

(4)f^ Successfully complete 70 percent of 
each part of the examination given the 
applicant by the Board dealing with the 
specified contracting classification chosen 
by the applicant. 

(b) Intermediate License. The applicant for 
such a license must: 

(1) Be entitled to be admitted to the exam- 
ination given by the Board in light of the 
requirements set out in G.S. 87-10 and 
Section .0400 of this Chapter; 

(2) Be financially stable to the extent that the 
total current assets of the applicant or the 
linn or corporation he represents exceed 
the total current liabilities by at least fifty 
thousand dollars ($50.000) as rcllccted in 
an audited financial statement prepared 
by a certified public accountant or a qua- 
lified independent accountant who is en- 
gaged in the public practice of 
accountancy; 



(3)f3^ Possess the competency and the ability 
as revealed by the applicant's experience 
and education to engage in the practice of 
general contracting within a specified 
classification or classifications in order to 
successfully complete a single project of a 
value of less than or equal to five hundred 
thousand dollars ($500,000), such compe- 
tency and ability being determined in the 
sole discretion of the Board; 

(4)f^ Successfully complete 70 percent of 
each part of the examination given the 
applicant by the Board dealing with the 
specified contracting classification chosen 
by the applicant, 
(c) Unlimited License. The applicant for such 
a license must: 

(1) Be entitled to be admitted to the exam- 
ination given by the Board in light of the 
requirements set out in G.S. 87-10 and 
Section .0400 of this Chapter; 

(2) Be fmanciallv stable to the extent that the 
total current assets of the applicant or the 
firm or corporation he represents exceed 
the total current liabilities by at least one 
hundred thousand dollars ($100.000) as 
rellected in an audited financial statement 
prepared bv a certified public accountant 
or by a qualified independent accountant 
who is engaged in the public practice of 
accountancy; 



(3)f^ Possess the competency and the ability, 
as revealed by the applicant's experience 
and education to engage in the practice of 
general contracting within a specified 
classification or classifications in order to 
successfully complete a single project of a 
value in excess of five hundred thousand 
dollars ($500,000), such competency and 
ability being determined in the sole dis- 
cretion of the Board; 
(4)f^ Successfully complete 70 percent of 
each part of the examination given the 
applicant by the Board dealing with the 
specified contracting classification chosen 
by the applicant. 

Reciprocity. If an applicant is licensed as 
a general contractor in another state, the Board, 
in its discretion, need not require the applicant 
to successfuUy complete the written examination 
as provided by G.S. 87-15.1. However, the ap- 
plicant must comply with all other requirements 
of these rules to be eligible to be licensed in 
North Carolina as a general contractor. 

Statutory Authority G.S. 87-1; 87-10. 

SECTION .O.SOO - LICENSE 



(d) 



5B 



NORTH CAROLINA REGISTER 



PROPOSED RULES 



.0503 RENKWAL OF LICENSE 

(a) Form. An application for renewal requires 
the holder of a valid license to set forth whether 
there were any changes made in the status of the 
licensee's business during the preceding year and 
also requires the holder to give a financial state- 
ment for the business in question. The financial 
statement need not be prepared by a certified 
public accountant or b^ a qualified independent 
accountant but may be completed by the holder 
of the license on the form itself. 1 lowever, the 
Board reserves the right in its sole discretion to 
require a hcense holder to submit an audited fi^ 
nancial statement if the circumstances render 
such submission necessary, [except as provided 
herein, the financial statement will be subject to 
approval by the Hoard in accordance with the 
requirements of Rule .0204 of this Chapter. 

(b) Display. 1 he certificate of renewal of li- 
cense granted by the Board, containing the sig- 
natures of the Chairman and the 
Secretary-Treasurer, must be displayed at all 
times by the licensee at his place of business. 

Statutory Authority G.S. 87-/; 87-/0. 

.0504 INCREASE IN LIMITATION 

(a) General. A person, firm or corporation 
holding a valid license to engage in the practice 
of general contracting in North Carolina may 
apply for a dilTerent limitation by making apph- 
cation for such different Hmitation with the 
Board on a form prescribed and furnished by the 
Board. 

(b) Request. A request for the required appli- 
cation form may be made at the address shown 
in Rule .0101 of this Chapter. 



(c) Form. The application form for a change 
in limitation requires the applicant to set forth 
his professional qualifications and his present and 
past experience in general contracting. An au- 
dited financial statement prepared by a certified 
public accountant or b^ a qualified independent 
accountant who is engaged in the public practice 
of accountancy is required with the application 
for change in limitation. 

(d) Eligibility. An applicant for a new limita- 
tion is eligible for the requested change if he' 
possesses the qualifications for the limitation as 
set forth in Rule .0204 of this Chapter with the 
exception that such applicant shall not be re- 
quired to take a written examination. 

(e) Filing Deadline. An applicant who wishes 
to have his application considered for a change 
in limitation must file his application no later 
than the first day of the month preceding any 
regularly scheduled meeting of the Board. At 
such meeting the Board will consider the appli- 
cation. Regular meetings of the Board are in 
January, April, July and October of each year. 

(f) Fees. The fees for issuance of limited, in- 
termediate, and unlimited licenses are as provided 
by G.S. 87-10. 

(g) Notice of Approval. Within two weeks af- 
ter the regular meeting of the Board in which a 
timely filed application is considered, the Board 
will notify the applicant of its decision. If the 
application is approved, a certification of license 
in the new limitation wiU be issued by the Board 
and the apphcant, as of the time of notice of the 
approval, may conduct himself or itself in ac- 
cordance with the rights available under the lim- 
itation granted. 

Statutory Authority G.S. 87-/; 87-/0. 



NORTH CAROLINA REGISTER 



514 



FINAL RULES 



U. 



pon request from the adopting agency, the text of rules will be published in this section. 



yy hen the text of any adopted rule is identical to the text of that as proposed, adoption of the rule 
will be noted in the "List of Rules Codified" and the text of the adopted rule will not be republished. 

/\ dopted rules filed by the Departments of Correction, Revenue and Transportation are published 
in this section. These departments are not subject to the provisions ofG.S. I SOB, Article 2 requiring 
publication of proposed rules. 

NORTH CAROLPs A ADMIMSTRATIVE CODE 

LIST OF RULES CODIFIED 

AUGUST 1989 



AGENCY 
DFPARTMKNT OF AGRICLI.TLRE 

2 NCAC 37 .0202 - .0203 

4SB .0023 

DFPARTMKNT OF COMMFRCE 



NCAC 7 



.0300 

.0501 

.0503 - .0504 

.0505 

.0506 

.0507 

.0508 - .0512 

.0513- .0517 

.0520 



DEPARTMENT OF CORRFCTION 

5 NCAC 2A .0202 

2F .1502 
2H .0105 



ACTION TAKEN 



Temp. Amended 
Expires 01-02-90 
Temp. Amended 
Expires 01-02-90 



Correction 

Amended 

/Vmcnded 

Repealed 

Adopted 

Amended 

Adopted 

Amended 

Correction 



Correction 

/Vmended 

Amended 



OFFICES OF THE C;0\ ERNOR AND LIEITENANT GOVERNOR 

9 NCAC 2B Executive Order Number 93 

EfT. June 20, 1989. 

DEPARTMENT OF IIIMAN RESOI RCES 



10 NCAC 8A .1201 

lOB .1411 
20B .0201 

.0216 
.0217 



.1211 
.0215 



Adopted 

Correction 

Amended 

Eff. 09-01-89 

Repealed 

Amended 



515 



NORTH CAROLINA REGISTER 





i 


FINAL RULES 










Eff. 09-01-89 




.0218- 


.0228 


Adopted 
Eff. 09-01-89 


26H 


.0204 




Amended 


42C 


.2007 




Adopted 


42D 


.1408 




Adopted 


45H 


.0202 - 


.0203 


Amended 


DFPARTMKNT OF NATURAL RESOl RCES AND COMMUNITY DEVEUOPMENT 


15 NCAC ID 


.0101 - 


.0109 


Repealed 




.0201 - 


.0202 


Adopted 




.0301 - 


.0304 


Adopted 




.0401 - 


.0403 


Adopted 




.0501 - 


.0504 


Adopted 


'*" 


.0601 - 


.0604 


Adopted 


2B 


.0305 




Amended 




.0307 




Amended 


2L 


.0101 - 


.0104 


Amended 




.0105 




Repealed 




.0106- 


.0113 


Adopted 




.0201 - 


.0202 


Amended 




.0301 - 


.0302 


Amended 




.0319 




Amended 


7H 


.0206 




Correction 




.0308 




Temp. Amended 
Expires 12-17-89 




.1101 




Correction 




.1103 




Correction 




.1201 




Correction 




.1203- 


.1205 


Correction 




.1301 




Correction 




.1303- 


.1305 


Correction 




.1601 




Correction 




.1603- 


.1605 


Correction 




.1701 




Correction 




.1703- 


.1705 


Correction 


7J 


.0408 




Repealed 


13Q 


.0101 - 


.0104 


Adopted 




.0201 - 


.0202 


Adopted 




.0301 - 


.0304 


Adopted 




.0401 - 


.0403 


Adopted 




.0501 - 


.0503 


Adopted 




.0601 - 


.0605 


Adopted 




.0701 - 


.0704 


Adopted 


LICENSING BOARD FOR CONTRACTORS 




21 NCAC 12 


.0204 




Temp. Amended 
Expires 12-01-89 




.0503 - 


.0504 


Temp. Amended 
Expires 12-01-89 


BOARD OF COSMETIC ART EXAMINERS 




21 NCAC 14L 


.0101 - 


.0102 


Amended 




.0202 




Amended 




.0203 




Repealed 




.0204 




Amended 



NORTH CAROLINA REGISTER 



516 



FINAL RULES 



.0207 -.02 11 Amended 

.0212 Repealed 

.0214 Amended 



HOUSING FINANCE AGFNCY 



24 NCAC IB .0005 Adopted 



517 NOR TH CAROLINA REGIS TER 



NC AC INDEX 



1 1 1 LI /MAJOR DIMSIONS OF THE NORTH CAROLINA AD.MIMSTRATIVE CODE 
riLLE DEPARrMENT 

1 y\dministration, Department of 

2 Agriculture, Department of 

3 Auditor, Department of State 

4 Commerce, Department of 

5 Corrections, Department of 

6 Council of State 

7 Cultural Resources, Department of 

8 Elections, State Board of 

9 Governor, Office of the 

10 Human Resources, Department of 

1 1 Insurance, Department of 

12 Justice, Department of 

13 labor. Department of 

14A Crime Control and Public Safety, Department of 

15 Natural Resources and Community Development, Department of 

16 Public Education, Department of 

17 Revenue, I^epartment of 

18 Secretary of State, Department of 
19A Transportation, Department of 
20 Treasurer, Department of State 

♦21 Occupational Licensing Fioards 

22 Administrative Procedures 

23 Community Colleges, Department of 

24 Independent Agencies 

25 State Personnel, Office of 

26 Administrative I iearings. Office of 

NOTE: Title 21 contains the chapters of the various occupational licensing boards. 
CHAPIER LICENSING BOARDS 

2 Architecture, Board of 

4 Auctioneers, Commission for 

6 Barber Examiners, Board of 

8 Certified Public Accountant Examiners, Board of 

10 Chiropractic Examiners, Board of 

12 General Contractors, 1 icensing Board for 

14 Cosmetic Art lixamincrs. Board of 

16 Dental Examiners, Board of 

18 Electrical Contractors, Board of Examiners of 

20 Eorcstcrs, Board of Registration for 

21 Geologists, Board of 

22 I Icaring Aid Dealers and Eitters Board 
26 Landscape y\rchitects, 1 icensing Board of 

28 Landscape Contractors, Registration Board of 

31 Martial & Eamily Therapy (Certification Board 

32 Medical Examiners, Board of 

33 Midwifery' Joint Committee 

34 Mortuan,- Science, Board of 

36 Nursing, Board of 

37 Nursing Home Administrators, Board of 

38 Occupational Therapists, Board of 
40 Opticians, Board of 

42 Optometry', Board of Examiners in 



NORTH CAROLINA REGISTER 518 



NC AC INDEX 



44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
63 
64 

66 



Osteopathic Examination and Registration, Board of 
Pharmacy , Board of 
I'hysical Ihcrapy Examiners, Board of 
Plumbing and Heating Contractors, Board of 
Podiatry' l-'xaminers, Board of 
Practicing Counselors, Board of 
Practicing Psychologists, Board of 
Professional Engineers and Land Surveyors, Board of 
Real Estate Commission 
Refrigeration Examiners, Board of 
Sanitarian Examiners, Board of 
Social Work. Certification Board for 
Speech and Language Pathologists and 
Audiologists, Board of Examiners of 
Vcterinap.' Medical Board 



519 



NORTH CAROLINA REGISTER 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1 989 - March 1990) 



1989 - 1990 

Pages Issue 

1 - 151 1 - April 

152 - 192 2 - April 

193 - 216 3 - May 

217 - 289 4 - May 

290 - 311 5 - June 

312 - 364 6 - June 

365 - 454 7 - July 

455 - 477 8 - July 

478 - 521 9 - /August 



AO - Adnoinistrativc Order 

AG - Attorney General's Opinions 

C - Correction 

I R - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



ADMIMSTRATrV E ORDER 

Administrative Order, 4, 152 

AGRICILTLRE 

Cotton Warehouse, 220 PR 

Markets, 217 PR 

N.C. Pesticide Board, 292 PR 

N.C. Plant Conser%ation Board, 196 PR 

N.C. State Fau", 217 PR 

Plant Industry, 153 PR, 218 PR 

COMMERCE 

Finance Center, 368 PR 

N.C. Ccmeterv Commission, 198 PR 

N.C. Milk Commission, 455 PR 

COMMUNITY COLLEGES 

Board of Community Colleges, 352 PR 

CORRECTION 

Division of Prisons, 472 FR 



NOR TH CA ROLINA REGIS TER 520 



CUMULA TIVE INDEX 



CLLTLRAL RKSOl R( KS 

Archives and IIistor>-, 370 PR, 455 PR 
y\rts Council, 371 PR 

EDLCAIION 

I-lcmcntary and Secondary Education, 253 PR, 295 PR, 511 PR 

FINAL DPXISION LEITERS 

Voting Rights Act, 5, 193, 367 

FINAL RLLKS 

List of Rules Codified, 183 FR, 274 FR, 303 FR, 445 FR, 515 FR 

GOVFRNOR/LT. (;0\ FRNOR 

Fxecutive Orders, 1, 290, 312, 365, 478 

IILMAN RFSOLRCES 

Departmental Rules, 372 PR 

Facility Services, 199 PR, 377 PR 

Health Services, 153 PR, 315 PR, 405 PR 

Medical Assistance, 158 PR, 294 PR, 455 PR 

Mental Health: Mental Retardation and Substance Abuse Services, 17 PR, 417 PR 

Vocational Rehabilitation Services, 7 PR 

INDFPFNDFNT AGENCIES 

Housing Finance Agency, 459 PR 

INSIRANCE 

Fire and Casualty Division, 202 PR, 479 PR 

ILSTICE 

SherilT's Education and Training Standards Division, 491 PR 

LICENSINC; BOARDS 

Architecture, 349 PR 

CPA Examiners, 458 PR 

General Contractors, 512 PR 

Landscape Architects, 443 PR 

North (Carolina Certification Board for Social Work, 179 F'R 

Nursing, Board of, 296 PR 

Physical Therapy Examiners, 262 PR 

NATl RAL RESOLRCES AND COMMUNITY DEVELOPMENT 

Coastal Management, 239 PR, 508 PR 

Community Assistance, 134 I'R 

Economic Opportunity, 178 PR 

Environmental Manauement, 18 PR, 160 PR, 202 PR, 238 PR, 295 PR, 347 PR, 431 PR, 456 PR 

Manne Fisheries, 47 PR, 457 PR 

Wildlife Resources and Water Safety, 134 PR, 178 PR, 207 PR, 252 PR 

REVENUE 

Sales and Use Fax, 353 FR 

SIAl E PERSONNEL 

State Personnel Commission, 181 PR, 210 PR, 265 PR, 461 PR 

IRANSPORIAIION 

Division of Motor Vehicles, 140 FR 



521 NORTH CAROLINA REGISTER 



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